Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Divorce—
What is a "Divorce"? Becoming divorced may affect some other interests, for example:
The following are not resolved by a divorce:
In Ontario, the law treats married people separately when it comes to financial issues. For example, the debt of one spouse is not the debt of the other spouse, unless both spouses incur the expense. You do not need a divorce to separate your finances. (An exception is a debt incurred for the "the necessities of life".) The affect of a divorce may be different outside of Ontario and, especially, outside of Canada. Most rights and obligation in Ontario can arise from living together for a period, even if you are not married. Most family law claims are unaffected by a divorce. What are the Grounds for a Divorce?
There is little benefit in pursuing a divorce for grounds other than separation. Alleging adultery or abuse can make the case more complicated, more expensive, and more lengthy. What if We Try to Reconcile? What about the Child Support Obligation? What about Fraudulent Immigration Marriages? A judge may require evidence of the parties intention if the marriage is of very short duration, especially if there are signs of immigration. What Documents Do You Need Regarding Marriage If you were married outside of Canada and one of you were previously married, you must provide proof of the termination of that previous marriage - either proof of death or divorce. What is the Jurisdiction of the Ontario Court? To obtain a divorce in Ontario, one of the parties must have ordinarily resided in Ontario for the twelve (12) months prior to applying for a divorce. (There are some special rules if the other jurisdiction will not grant a divorce because they do not recognize your right to married (for example, same-sex marriages). What is Better - an Uncontested Divorce or Joint Divorce? There is little advantage in a joint divorce (one where the parties apply together for a divorce). You may get the divorce thirty days earlier. However, if one party stops cooperating, then you have to have the joint divorce dismissed and start over again. You may also have to involve two lawyers rather than one. Many lawyers will charge more for a joint divorce, than for an uncontested divorce. What is the Process for Uncontested Divorce?
What are Court Costs? Do You Need A Lawyer? Working through the steps and documents for an uncontested divorce can be challenging, but it is possible. If you make a mistake, it may require a lawyer to fix it. Whether you should hire a lawyer, or do it yourself, depends on how comfortable you are at doing it on your own, on what you can afford, and on how quickly you want the divorce. |
Michaud Family Law • 416-707-7976 • 2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8
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