Divorce Lawyer - Oakville, Ontario

Types of Divorce 

When contemplating divorce, it's important to seek advice from an experienced Oakville divorce lawyer to understand the implications it can have on you, your children, and your finances.

To help you understand how divorces work in Ontario, we've compiled basic information below. 

Divorces here are commonly classified into two primary categories: 'Contested' and 'Uncontested'.

Contested Divorce

In the case of a contested divorce, spouses find themselves at odds, unable to agree on various divorce-related aspects. These matters can range from child support and property division to child visitation schedules, and more. When divorce becomes contested, couples often rely on their divorce lawyers to present their cases before a judge in a courtroom. The final legal decision is then made by the judge, taking into account the information presented.

Uncontested Divorce

In an uncontested divorce, matters are generally straightforward and less complex for all parties involved. In this situation, both parties have come to a complete agreement on the division of assets, child or spousal support, and the establishment of a child visitation schedule. This cooperative approach often results in a less stressful and more amicable separation process.

The Three Grounds for Divorce

The three different grounds for divorce we see are the following:

One-Year Separation

Before a divorce is typically granted by the courts, the most common prerequisite is that the married couple must have undergone a full year of separation, with no possibility of reconciliation. In some cases, the spouses may continue residing together under the same roof during the separation year, often due to financial or other constraints.

Throughout this separation period, it's essential that both parties are fully dedicated to leading separate physical, financial, and emotional lives. This commitment is vital in confirming the authenticity of the separation and the irreparable breakdown of the marriage.

Adultery

Cases like this one are relatively rare due to the difficulty of proving the adultery. The person who committed it rarely admits it in a way that can be used as evidence, and the other person faces an uphill battle proving it. 

It is extremely important to note that Canada is a “no fault” jurisdiction for divorce, so a finding of  adultery does not change a person’s rights to support, kids, or property. All it does is abbreviate the 1 year that people would otherwise have to wait to prove irreconcilability and therefore entitlement to the divorce. 

Cruelty

If a person wishes to use cruelty, the third and final ground for divorce, to obtain a divorce, the person making that claim has to prove it. Most cases of cruelty are not proven before 1 year of separation and, therefore, most cases proceed on the 1 year of separation. This process may begin to change with the inclusion of family violence in the Divorce Act.

Similar to adultery, because Canada is a “no fault” jurisdiction for divorce, whether cruelty is proven, or not, only serves to accelerate the time period during which a person can seek a divorce. If you are considering divorce on these grounds, seeking the guidance of an experienced family lawyer can help you build a compelling case.