Divorce and Separation in Ottawa, ON
AGB Lawyers: Divorce and Separation
Deciphering the legalities of divorce and separation can be challenging, especially if you are not familiar with the laws and procedures in your jurisdiction. There are often many complex legal issues to consider, and navigating these issues while seeking a fair resolution requires the legal assistance of an industry-leading family lawyer, such as the professionals at AGB Lawyers.
Breakdown of Marriage
It’s a common misconception that there are various reasons for separation and, divorce. In Canada, there is only one recognized ground for divorce: the breakdown of a marriage. The breakdown of a marriage occurs when the relationship between spouses has deteriorated to the point where it cannot be repaired, and the marriage should be ended.
Grounds for Divorce
The definition of a marriage breakdown is outlined by the Federal Divorce Act, which states that a marriage has broken down if one of the following grounds has been established:
- Separation: You and your spouse have been living separately and apart for at least one year prior to the divorce proceeding.
- Adultery: Your spouse has committed adultery, and you find it intolerable to continue living with them.
- Mental or Physical Cruelty: Your spouse has treated you with mental or physical cruelty, and you find it intolerable to continue living with them.
Understanding Separation
Separation refers to the act of a couple separating, either by mutual agreement or by one spouse leaving the family home. Separation does not legally end a marriage. In order to obtain a divorce, a separated couple must be living apart when commencing the divorce proceeding and must have continued to live apart for at least one year by the time the divorce proceeding is finalized. Additionally, one of the partners must have resided in Ontario for at least one year prior to the application for divorce by a family lawyer.
Understanding Divorce
Divorce is the legal process of terminating a marriage. To be granted a divorce, one spouse must apply to the court and provide evidence that the marriage has broken down irretrievably. Once a divorce is granted, the marriage is legally ended, and the spouses are free to remarry.
The Separation Process
The separation process does not require legal action or documentation. However, if a couple is separating and they have children, property, or other assets to divide, they may consider entering a legal separation agreement. A separation agreement is a legally binding document that outlines the terms of the separation.
Beginning the Divorce Process
To begin the divorce process in Ontario, one spouse must file a divorce application with the court, which will then be served to the other spouse. The divorce application must be accompanied by a certificate of marriage and a statement of claim for divorce, which sets out the grounds for divorce and any other relief being sought.
Being Served with a Divorce Application
The spouse who is served with the divorce application has the option to file a response, in which they can agree or disagree with the terms of the divorce. If the responding spouse fails to file a response the court may proceed with the divorce on an uncontested basis.
Divorce Hearings
If the spouses are unable to reach an agreement on the terms of the divorce, the court will hold a hearing and make a decision on the issues in dispute. This may involve ordering the parties to attend mediation or ordering a custody and access evaluation.
Finalizing a Divorce
Once the court is satisfied that the requirements for a divorce have been met and all issues have been legally resolved, it will issue a divorce order, which legally dissolves the marriage. This process may take several months or even longer, depending on the complexity of the case and the availability of court dates.
The Importance of Experienced Legal Representation
The legal process of divorce and separation can be confusing and overwhelming, with numerous forms and documents to complete and various deadlines to meet. It is important to have experienced legal representation to guide you through the process, assist with negotiations and mediation, and advocate on your behalf to help you reach a resolution that is in your best interests.
Reputable Family Law Legal Guidance with AGB Lawyers
To discuss the protection of your rights and to understand your obligations in the event of a divorce, contact our family law experts at AGB Lawyers for a free consultation today.