Divorce Lawyer - Mississauga, Ontario

Types of Divorce 

If you have been considering a divorce, and are concerned about the legal consequences it may have on your life, children, and financial well-being, the following information will help you understand the dynamics of divorce in Ontario. 

Divorces are divided into two key categories: 'Contested' and 'Uncontested'.

Contested Divorce

A contested divorce occurs when couples can't reach an agreement on divorce-related issues like child support, division of property, child custody, visitation schedules, and more. Typically, they look to their family lawyers to present their cases before a judge in a courtroom. The judge then makes a legal decision, considering the arguments and evidence presented during the proceedings.

Uncontested Divorce

An uncontested divorce typically involves a more straightforward and less stressful process for the parties involved. Here, both parties have reached a comprehensive agreement on matters like asset division, child or spousal support, and child visitation schedules. This cooperative approach often results in a smoother and more amicable separation process.

The Three Grounds for Divorce

The three different grounds for divorce are the following:

One-Year Separation

Typically, before a divorce is granted, a married couple must live apart for a full year with no possibility of reconciliation. However, there are instances where spouses may remain in the same residence during the separation year due to financial or other reasons, which can add complexity to the divorce process.

Throughout this separation period, it's essential that both parties are committed to living independently, not only in a physical sense but also emotionally and financially. This commitment is fundamental in establishing the legitimacy of the separation and the irreparable breakdown of the marriage.

Adultery

These cases are relatively infrequent as they present challenges in providing evidence in court. Those responsible for it seldom confess in a manner admissible as evidence, leaving the other party with a formidable challenge in proving the act.

It must be emphasized that Canada operates as a "no-fault" jurisdiction for divorce. Consequently, a determination of adultery does not alter an individual's entitlement to support, custody, or property rights. Its sole impact lies in shortening the mandatory one-year waiting period required to establish irreconcilability and, consequently, entitlement to divorce.

Cruelty

Should an individual opt to cite cruelty as grounds for divorce, substantiating this claim becomes imperative. Establishing cruelty often remains unresolved within the initial year of separation, leading most cases to proceed based on the one-year separation requirement, however, this might change with the integration of family violence into the Divorce Act.



Similar to the dynamics surrounding adultery, Canada's "no-fault" jurisdiction for divorce means that the validation of cruelty merely expedites the timeframe within which a person can initiate divorce proceedings.