The breakdown of a marriage can be overwhelming for the whole family. According to this 2020 Toronto Sun article, 38% of all Canadian marriages end in divorce.
While it is difficult to accept that your marriage has ended, it can be even more difficult to navigate the intricate legal process.
So, to help couples handle the situation, experienced divorce lawyers in Mississauga have prepared this short guide on divorce proceedings in Ontario. Keep reading to successfully resolve this family law matter and be better prepared for your divorce.
Let’s get started.
Important Things to Know About Divorce in Ontario
To help you better understand the divorce process, our divorce lawyers in Mississauga have outlined some important information to help you get started.
1.Divorce Criteria
Couples who get married under Canadian law are of course eligible to get divorced under it as well. Additionally, any couple who married under the laws of another country that Canada recognizes can also divorce. The spouses have to be living in a Canadian territory or province for at least one year before they can file their divorce application. Both of you need to be living in the same territory or province.
2.Separation vs. Divorce
Before getting started with the divorce process, couples must understand the difference between separation and divorce. Separation is when a couple decides to live apart with no intention of getting back together. During this separation, couples need to figure out the custody of their children and deal with shared assets like property and spousal/child support. In Canada, separation agreements are legally binding and enforceable between spouses.
A divorce legally ends a marriage and must be signed off on by a judge. A marriage can only end formally with a divorce.
3.Types of Divorce
In any Canadian territory or province, a marriage breakdown is the only way couples can file for a divorce. However, there are different kinds of divorce.
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Contested or Uncontested Divorce
When both spouses agree that divorce is the best way forward, they will most likely go through an uncontested divorce. Also, commonly referred to as a simple divorce, it states that both parties have mutually agreed to end the marriage.
However, when spouses disagree regarding the grounds of the divorce, they will have to deal with an uncontested divorce. In this process, both parties need to provide evidence to support their claims.
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No-Fault Divorce
The grounds presented for any type of divorce in Canada make them all no-fault divorces.
4.Divorce Proceeding
No marriage can end without the judge granting a divorce order. Before the proceeding begins, couples may be asked to take marriage counselling to see if it may help resolve their issues.
Once the divorce proceeding starts, couples have the right to stop it if they think reconciliation is possible.
5.Starting the Process
If you want to separate from your spouse and start divorce proceedings, stop wasting time. Get in touch with an experienced divorce lawyer in Mississauga.
Since it can have a huge impact on your family’s life, hiring an experienced divorce lawyer will help to ensure a more positive future. Their experience makes it easy for them to explain how the law applies to your case. They will also work to protect your rights. They can also prove valuable in resolving conflicts to ensure an amicable agreement is reached.
Regardless of the type of divorce that applies to your case, it will require a fair bit of paperwork. This makes it essential to hire a reliable divorce lawyer in Mississauga. With their support, you will be able to get through everything from spousal and child support to dividing assets. And since matrimonial issues are often complicated, your divorce lawyer can help you navigate any difficult issues that may arise.