Ontario Divorce Lawyer
If you're facing the challenging prospect of divorce in Ontario, you don't have to navigate it alone. Emma Alves and her team at Alves Law are here to provide you with the knowledgeable and trustworthy legal representation you need during this trying time.
Legal Representation for Divorce
Divorce is an immensely stressful period for both parties involved. With all the complexities of federal law, the Divorce Act, and the various aspects of divorce, navigating divorce proceedings is a challenge in itself. But add on the fact that there's no one-size-fits-all solution for divorce, and having an experienced divorce lawyer by your side becomes not just advisable - but crucial.
Whether it's a contested battle or an amicable parting through a separation agreement, you don't want to face the challenges of divorce alone. Reach out to
Emma Alves - Family Lawyer today for expert legal representation and guidance.
Types of Divorce
Divorces fall into one of two categories: contested and uncontested divorce.
Contested Divorce
A contested divorce arises when spouses can't agree on all aspects related to the divorce. This may include issues such as:
- Child support guidelines
- Division of property
- Child custody and visitation schedules
In cases of contested divorce, couples often rely on their family lawyers to present their arguments to a judge in a courtroom. The judge then makes a legal decision based on the information presented.
Uncontested Divorce
An uncontested divorce is typically more straightforward and less complicated for everyone involved. In this scenario, both parties have reached a full agreement on critical matters like:
- Asset division
- Child or spousal support
- Child visitation schedules
An uncontested divorce generally results in a less stressful and more amicable separation process.
The Three Grounds for Divorce
Here are the three different grounds for divorce.
1. One-Year Separation
The standard prerequisite for obtaining a divorce from the courts is a one-year separation period. This means that a legally married couple must have resided separately for an entire year with no chance of reconciliation. In certain cases, spouses may still share the same residence during this year of separation due to financial or other considerations, but additional factors will come into play.
Throughout this separation period, it is essential for both parties to embrace separate lives, which entails not only physical separation but also emotional and financial independence. This firm commitment plays an important role in establishing the genuine nature of the separation and the irreversible breakdown of the marriage—vital factors in the divorce process.
2. Adultery
While less frequent, adultery can be grounds for divorce. To prove adultery in court, it's essential to demonstrate that a sexual act has occurred between a spouse and an individual who is not part of the marriage. Laws regarding adultery can vary between jurisdictions, so consulting a family lawyer familiar with your specific area's laws is advisable.
3. Cruelty
Divorce based on mental or physical cruelty involves various assessments. The judge might inquire about a history of physical abuse, which could include police reports, photographs, or witnesses to such instances. Mental cruelty can manifest as verbal abuse, derogatory language, and more.
Divorce cases entailing claims of cruelty can be complex and multifaceted, requiring tangible evidence such as incident records or credible witness statements. An experienced divorce lawyer can offer essential guidance throughout the legal process and assist in building a compelling case if you are considering pursuing divorce on these grounds.