Divorce Lawyer - Milton, Ontario

The Types of Divorce 

If you're at a crossroads, contemplating a divorce, and grappling with the implications for your life, children, and finances, don't hesitate to get in touch with one of our Milton divorce lawyers for expert legal advice.

Divorces in this province are typically categorized into two main types: 'Contested' and 'Uncontested.'

Contested Divorce

When a couple can't agree on divorce-related issues, it's known as a contested divorce. These issues may involve child support, property division, child custody, visitation schedules, and more. 

To resolve such disputes, the spouses usually seek the assistance of their family lawyers, who present their arguments in a courtroom before a judge. The judge makes a legal decision based on the information and evidence presented during the proceedings.

Uncontested Divorce

An uncontested divorce is typically a simpler process, as both parties have come to a complete agreement on asset division, child or spousal support, and child visitation schedules. This cooperative approach often results in a more amicable separation.

Three Grounds for Divorce

One-Year Separation

In most divorce cases, the courts typically require the married couple to live apart for a full year with no possibility of reconciliation before granting a divorce. During this separation period, it's crucial that both parties maintain separate lives, encompassing physical, financial, and emotional independence. 

This level of separation plays a pivotal role in confirming the authentic nature of the divorce and the irreversible breakdown of the marriage, which are factors that hold significance in a divorce hearing.

Adultery

Instances similar to this one are infrequent due to the challenges involved in substantiating claims of adultery. Those responsible seldom confess in a manner that stands as admissible evidence, placing the other party in a challenging position when attempting to provide proof.

It's crucial to highlight that Canada operates as a "no-fault" jurisdiction for divorce. Uncovering an incident of adultery doesn't alter an individual's entitlement to support, custody, or property rights. Instead, its only impact is on expediting the one-year waiting period typically required to establish irreconcilability and, consequently, eligibility for divorce.

Cruelty

When contemplating the use of cruelty, the third and final basis for divorce, individuals pursuing this claim must substantiate it. Cruelty cases are typically unresolved within the initial year of separation, leading most divorces to progress based on the one-year separation rule. The landscape might shift with the incorporation of family violence into the Divorce Act.

Similar to matters of adultery, given Canada's "no-fault" divorce framework, the verification or lack thereof of cruelty only expedites the timeframe within which an individual can initiate divorce proceedings. If contemplating divorce on these grounds, consulting with a seasoned family lawyer can assist in constructing a compelling and well-supported case.