Divorce Lawyer - Newmarket, Ontario

Types of Divorce 

If you find yourself at a crossroads, considering either a divorce, and are struggling with the intricate legal implications on your life, your children, and your financial situation, we recommend reaching out to one of our skilled Newmarket divorce lawyers.

Below, you'll find basic information aimed at helping you grasp the mechanics of divorces in Ontario. Divorces are commonly classified into two primary categories: 'Contested' and 'Uncontested'.

Contested Divorce

A contested divorce arises when spouses are unable to find common ground on various divorce-related matters, such as child support guidelines, property division, child visitation schedules, and more. In such cases, couples typically turn to their family lawyers to represent their interests before a judge in a courtroom. The final legal decision is then made by the judge, taking into account the arguments and evidence presented during the proceedings.

Uncontested Divorce

In an uncontested divorce, matters are usually straightforward and less complex for all those affected. In this situation, both parties have come to a comprehensive agreement regarding asset division, child or spousal support, and the establishment of a child visitation schedule. This cooperative resolution tends to lead to a less stressful and more harmonious separation process.

The Three Grounds for Divorce

The three different grounds for divorce are the following:

One-Year Separation

Before a divorce can be granted by the courts, the most common requirement is that a married couple must have lived apart for a full year with no chance of reconciliation. In some instances, spouses may continue residing in the same household during the year of separation for financial or other reasons, which will necessitate considering additional factors in the divorce process.

During the separation period, it is of utmost importance that both parties demonstrate a firm commitment to living independently, not just in terms of physical separation but also emotionally and financially. This commitment plays a pivotal role in establishing the authenticity of the separation and the irrevocable breakdown of the marriage, both of which are significant factors in the divorce process.

Adultery

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

Crucially, it must be emphasized 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

Demonstrating instances of cruelty typically remains unresolved within the initial year of separation, prompting most divorces to progress based on the one-year separation guideline. The dynamics may undergo alterations with the incorporation of family violence into the framework of the Divorce Act.

Much like the nuances surrounding adultery, in the context of Canada's "no-fault" divorce system, the confirmation of cruelty merely expedites the timeframe within which an individual can initiate divorce proceedings. Should you contemplate divorce on the basis of cruelty, consulting with a seasoned family lawyer becomes pivotal in constructing a compelling and well-supported case.