Divorce is a significant life event that can be emotionally, financially, and legally complex. Whether you and your spouse have come to a mutual decision or are facing conflicts, understanding how to apply for divorce and navigate the process is crucial for moving forward. Our knowledgeable family lawyers can guide you on the steps, considerations, and essential information you need to apply for and obtain a divorce.
Understanding divorce is an important first step. Divorce is the legal process of dissolving a marriage. It is pre-requisite to get remarried but is important even if you do not have plans to do so. The laws and the different types of divorce can vary by jurisdiction, and retaining a lawyer in your area is essential to ensure the matter is dealt with appropriately.
Two Main Types of Divorce:
Uncontested Divorce: is when both spouses agree on all aspects needed to obtain a divorce. This is the simplest form of obtaining a divorce and it applies to situations where spouses agree on issues such as the date of separation, division of assets, child support and parenting. This type of divorce is available to spouses who do not have children or for spouses that do have children but have a separation agreement in place.
Contested Divorce: is when spouses cannot agree on one or more aspects of their separation and require court intervention to resolve issues. However, even in contested family law matters, our lawyers have the necessary experience to obtain a divorce while other issues are resolved later.
The usual perquisite to obtaining a divorce is that spouses must be” living separate and apart” for at least one year. The separation date is often clear as one spouse moves out of the family home, however, this can also be established in situations where spouses have separated but due to parental or financial reasons have decided to continue living together.
There are also circumstances where a divorce can be obtained prior to the one-year anniversary of your separation date. Specifically, for situations where one spouse alleges the other spouse is responsible for the breakdown of the marriage such as adultery or abuse. While these circumstances can permit obtaining a divorce order sooner, divorce in Canada is considered “no-fault” and so, a spouse’s entitlement to division of property or support in not impacted based on this alone.
Applying for divorce can be a difficult and emotional journey, but understanding the process helps to minimize stress and uncertainty. Whether the divorce is contested or uncontested, preparing yourself legally and financially will help ensure that you’re ready to move forward. Always consider speaking to a divorce lawyer to ensure that your rights are protected.
Paul Sekhon
Paul is an associate lawyer at Cote & Evans Trial Lawyers. Paul specializes in family law, civil litigation and real estate law.
In his family law practice, Paul helps his clients navigate the stressful process of separation and divorce and ensures they are advised of their legal rights relating to parenting, child support, spousal support and property division. He is experienced in negotiating and drafting agreements, complex asset and debt division, and appearing on behalf of clients in Court.