Divorce Act is the federal law that governs all divorces in Canada and so it is imperative that you follow its provisions if you want to get divorced in Canada. This act requires you to show that the marriage is in shambles prior to the filing of the divorce application. Such breakdowns can be attributed to two main reasons. It could be a marital offence on the part of one of the spouses or their separation for at least an year with the assumption that the marriage has indeed broken down. Other possible reasons are: your marriage partner has committed adultery and you are quite unwilling to forgive or he/she has made it impossible to go on living together because he/she was cruel to you both mentally and physically. Cruelty could be construed as being physically violent or as causing acute mental distress.
In order to be qualified to get divorced in Canada you got to meet certain conditions. To begin with the spouses ought to be legally married in Canada or some other country. Then it must be your intention to live apart from your spouse without any hope of ever living together again; or you have already left your spouse with no intention of reuniting with the person again. The couple should have been living in a Canadian province or territory for not less than one year prior to submitting the divorce petition. However, the law does not require you to be a Canadian citizen for applying for a divorce in the country.
For you to get divorced in Canada, it is a good thing to talk to a lawyer specializing in family law. Such an attorney can advise you as to how the law can be applied to your exact situation and also how to secure your rights in the matter. It is better to decide how to proceed after this step. Then you go on and complete the legal forms specific to your province or territory. If a lawyer is there to help you, he/she will do the filling out of the forms for you. You can purchase the divorce forms from a private or government book store or even internet. In some locales court houses or family law information centers also might stock these forms.
Certain information is to be included in the legal forms at the time of completing them. If then marriage has produced any offspring, don’t forget to specify the arrangements for parenting along with information on financial support. If the couple cannot agree on these arrangements, you got to state the sort of arrangements that you are seeking. After completing the forms, submit them to the courthouse, paying the needed court fees. Then pursue the legal rules and procedures prevalent in your province or territory.
Once you file the divorce forms, a date will be set for trial in which you have to explain your case to the judge. You can also bring in witnesses to aid you to prove your case. The judge will decide on the issues the couple cannot agree upon. After reviewing the information you have submitted to ensure that you have met all the legal requirements for the divorce, the judge grants a divorce. The judgment becomes effective 31 days after the judge signs the divorce order. After this period you can apply for a Certificate of Divorce. You need this certificate to get married again in Canada.
We hope you have enjoyed this article on getting divorced in Canada. If you have any questions, please visit us at Divorceonline.ca
