How does the divorce procedure work in Ontario?

The law pertaining to divorce in family law Oakville Ontario is same as everywhere else in Canada. You need not be a Canadian citizen in order to apply for a divorce. However, there are certain criteria that you should meet.  

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Eligibility Criteria

In case you want Ontario court to put an end to your marriage, you can apply for the divorce if you meet these criteria.

  • You were married legally in Canada or some other country.
  • You plan on separating your spouse permanent or you have already left your spouse. You do not believe that there is a possibility that you are going to get back together in future.
  • You and your spouse have lived in Ontario for about 12 months before your application.

Actually, the divorce act is federal law which deals with the divorce matters in Canada. In case you aren’t legally married, divorce law will not be applicable for you.

There might be an exception to the residency requirement in case you and your spouse reside outside Canada. You are actually live in a country which doesn’t recognize your Canadian marriage. You will be able to put an end to your marriage with the civil marriage act and apply for the divorce in Ontario under family law Oakville.

In case your relationship has broken but you are not yet legally married, the term that is used for them is separation. When you and your spouse decide to separate and live apart and don’t want to live together again, you go for separation. You will still be able to negotiate a separation agreement and various other agreements when it comes to access and support and child custody under Ontario Laws.

 

What are the Legally Accepted Reasons to Get a Divorce?

In order to secure a divorce, you should know that the marriage has broken. The marriage is said to be broken under family law Oakville if any one of these are applicable.  

  • You and your spouse have lived apart for one year then you can consider your marriage to be over.
  • Your spouse has been mentally or physically cruel to you in such a manner that living with him/her has become intolerable.
  • Your spouse has committed adultery and you have been able to forgive.

In case you are asking for divorce under family law Oakville for adultery or for mental and physical cruelty, you need to prove what has happened.

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Divorce Procedure

Prior to starting a divorce, you need to seek legal advice from an expert family lawyer.  An expert lawyer will be able to tell you how the law is applicable to your case and how you will be able to protect all your rights. In order to start with the divorce procedure, you need to,

  • Fill up the divorce application
  • Submit the application at the court house
  • Pay the needed court fees
  • Follow the court rules and the procedures that have been given

You might have to spend some money in order to get a divorce in Ontario. Make sure that you learn the rights that you are entitled to after you get a divorce under family law OakvilleHere are more tips on choosing the right divorce lawyer for representation!