Divorce Lawyer - Burlington, Ontario

The Types of Divorce 

If you find yourself considering a divorce and are struggling to understand the intricate legal consequences it may have on your life, your children, and your financial situation, we encourage you to reach out to one of our Burlington family lawyers for guidance.

Here is some fundamental information to help you understand how divorces function in Ontario. Typically, divorces here are divided into two main categories: 'Contested' and 'Uncontested'.

Contested Divorce

A contested divorce occurs when the spouses cannot come to a mutual agreement on divorce-related issues. These may include matters such as child support guidelines, property division, child visitation schedules, and more. In such cases, the couple typically turns to their family lawyers to present their arguments before a judge in a courtroom. The judge then renders a legal decision based on the information and evidence provided during the proceedings.

Uncontested Divorce

An uncontested divorce is usually straightforward because both parties have reached a full agreement on how to divide their assets, handle child or spousal support, and establish a child visitation schedule. This cooperative approach usually leads to a more amicable separation process.

Three Grounds for Divorce

The three different grounds for divorce are the following:

One-Year Separation

The most common requirement before a divorce is granted by the courts is for the married couple to have lived apart for an entire year with no chance of reconciliation. Throughout the separation period, it is important that both parties are devoted to leading separate lives, in terms of their physical, financial and emotional independence. 

This degree of separation serves as a key factor in confirming the genuine nature of the divorce and the irrevocable breakdown of the marriage, which hold significant weight in the divorce proceedings.

Adultery

Instances involving adultery are infrequent, given the intricate challenge of substantiating claims of adultery. Those responsible seldom confess in a manner admissible as evidence, leaving the accuser with a formidable task in establishing proof.

It's crucial to underscore that Canada operates under a "no-fault" system for divorce. Uncovering an episode of adultery doesn't alter an individual's entitlement to support, custody, or property rights. Its sole impact lies in expediting the one-year waiting period that would otherwise be required to demonstrate irreconcilability and, consequently, eligibility for divorce.

Cruelty

When seeking a divorce based on cruelty, the claimant must substantiate this as the basis for marital dissolution. The majority of cruelty cases remain unproven within the initial year of separation, leading most divorces to progress based on the standard one-year separation period. This trend may experience shifts with the incorporation of family violence into the legislative framework of the Divorce Act.

Much like the intricacies associated with adultery, within Canada's "no-fault" divorce landscape, the verification or lack thereof of cruelty merely expedites the timeframe within which an individual can initiate divorce proceedings. If contemplating divorce on grounds of cruelty, consulting with an adept family lawyer is crucial in constructing a compelling and well-supported case.