A Guide to Getting a Divorce in Ontario
The federal divorce act of Canada governs divorces of all citizens and immigrants in the country. The procedure of filing for a divorce can seem complicated to many foreign nationals. Following each step correctly is essential to make the process smooth and less time-consuming. Divorce lawyers in Canada can simplify this process for couples around the country and help them reach a mutually beneficial agreement.
Here are a few more details you need to know before filing for a divorce in Ontario.
The Criteria for Eligibility
To be able to get a divorce in Canada, your marriage must meet certain criteria.
1. A marriage legally registered in Canada or any other foreign country.
2. A finalized decision for leaving your spouse permanently. If the relationship has any potential for repair, a divorce judge may not proceed with the application.
3. Having lived in the city of Ontario for one year or more.
Legal Exceptions
A couple whose marriage isn’t legally recognized by the Canadian courts cannot file for divorce. For couples who got married in Canada and moved to another country, the conditions may vary, especially if the related country does not recognize their Canadian marriage license. Any couple facing this situation can be granted a divorce under the Civil Marriage Act of Canada instead.
For couples living together and raising children without legal marriage, a “separation agreement” can be formulated with the help of child custody lawyers in Canada.
Legal Grounds for Divorce in Canada
For a couple to attain a legal divorce in Ontario, they must provide proof of the termination of their relationship. At least one of the below-mentioned requirements have to be met for a spouse to file a divorce in Ontario:
1. The couple has not co-habited for one year or more.
2. One of the spouses has committed adultery, and the other spouse does not wish to forgive them.
3. One of the spouses has subjected the other to emotional or physical abuse, and the abused individual cannot live in their current conditions.
To make the divorce process easier, reach out to Nanda and Associate Lawyers, who employ some of Canada's most competent divorce attorneys. The law firm can guide a couple every step of the way through the legal proceedings of separation.
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