Ontario Divorce Law: All You Need To Know

13 Dec Ontario Divorce Law: All You Need To Know

The law governing divorce in Canada also applies in Ontario. Anyone living in Canada, citizens or non-citizens, can apply for a divorce provided they meet the following eligibility criteria. Hiring a divorce lawyer is very important.

Accepted Reasons for Getting a Divorce

You must prove that your marriage is on the brink of breaking down and there’s no way back if you want a court to officiate your divorce. According to the marriage law, marriage has broken down if:

  • One year has elapsed since you lived together with your spouse and you consider/believe your marriage is over.
  • You are not ready to forgive your partner after committing adultery.
  • Your partner has been subjecting you to physical or mental torture and you can no longer live together. However, the burden of proving this is on your side.

Ontario Divorce Law: Beginning a Divorce Process

You should seek a legal redress from a divorce lawyer before embarking on a divorce case. The expert, among other things, will bring to your attention the specific law that applies to your case and how you can protect your fundamental rights. You can either do your own research or ask for referrals from the Family Law Information Center.

The Divorce Process in Ontario Involves:

  • Filling out a divorce application form
  • Submitting a completed application form at an Ontarian courthouse
  • Paying the stipulated court fees
  • Following all court rules as well as procedures.
  • On average, a divorce application in Ontario can cost $450.

Ontario Divorce Law: The Eligibility Criteria

If you need to officially end your marriage via an Ontario court, you can file a divorce if you meet the following three eligibility requirements:

  • You and your spouse were lawfully married in Canada or any other country.
  • You’re decided to separate permanently from your partner or have already left him or her, and you don’t believe you’ll ever get back together.
  • You and your spouse should have lived in Ontario for at least twelve months before applying for the divorce.

In Canada, divorce matters are resolved under the Divorce Act. If you aren’t officially married, divorce law doesn’t apply to you.

There might be exceptions to the residency requirement if you and your spouse stay outside Canada. In that case, you may end your marriage via the Civil Marriage Act and can file for divorce in Ontario.

If you aren’t legally married and your relationship has broken down, people say you have “separated”.  Though the federal law doesn’t apply to unmarried spouses who separate, you may still negotiate by signing a separation agreement under Ontario laws.

Separation refers to a situation where one or both of you decide to stay apart with the intention of bringing your marriage to an end. Once you’re separated, you might need to resolve certain issues like child support, property, and spousal with your spouse. You can settle these issues by negotiating a separation agreement, coming to an informal agreement, or seeking a court order.

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