Divorce Lawyer - Georgetown, Ontario

Types of Divorce 

If you're standing at a crossroads, contemplating a divorce, and grappling with the complex legal ramifications for your life, children, and finances, it's time to consult with a Georgetown divorce lawyer from Alves Law.



Here, we provide fundamental information to assist you in understanding the workings of divorces in Ontario. Divorces are typically categorized into two main types: 'Contested' and 'Uncontested'.

Contested Divorce

Contested divorces arise when spouses cannot agree on divorce-related issues like child support guidelines, property division, and child visitation schedules. To resolve these disputes, couples typically rely on their family lawyers to present their arguments to a judge in a courtroom. The judge makes the final legal decision, considering the evidence and arguments presented during the proceedings.

Uncontested Divorce

Uncontested divorces are usually simpler, resulting in less stress for all parties involved. In such cases, both spouses have reached a comprehensive agreement on critical issues, including asset division, child or spousal support, matrimonial property and child visitation schedules. This collaborative approach typically leads to a more harmonious and less challenging separation process.

The Three Grounds for Divorce

The three different grounds for divorce are the following:

One-Year Separation

In most cases, for a divorce to be granted, a married couple must live separately for a full year with no chance of reconciliation. During the separation year, it is important that both parties demonstrate their commitment to independent living, which involves physical, emotional, and financial separation. This full-scale separation is needed to confirm the genuineness of the divorce and the irreparable breakdown of the marriage.

Adultery

Cases like these are rare because they pose challenges in providing evidence in court. Those responsible seldom confess in a manner admissible as evidence, leaving the accuser with a formidable task in establishing proof.

It's paramount to emphasize 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

Should an individual seek to cite cruelty as grounds for divorce, substantiating this claim becomes imperative. Establishing cases of cruelty often extends beyond the initial year of separation, making the majority of cases proceed based on the one-year separation criterion. This trend may shift with the incorporation of family violence into the Divorce Act.

Similar to the scenario with adultery, Canada's "no-fault" approach to divorce means that proving or disproving cruelty merely expedites the timeframe within which a person can initiate divorce proceedings. Contemplating divorce on these grounds warrants seeking the counsel of an adept family lawyer to construct a compelling case.