Divorce proceedings
One or both of the spouses can apply for divorce
Divorce proceedings
Either one of the spouses, or both of them, can apply to the court for granting of a divorce on the basis of breakdown of their marriage.
In an joint divorce both spouses agree on all matters relating to the dissolution of their marriage, such as property division, parenting issues, spousal support, and child support. Both spouses may sign the divorce application informing the court of their intention to divorce. The must-have prerequisites are: 1) residency - at least one of the spouses must have resided in Ontario for at least 12 months before the commencement of the uncontested divorce, and 2) the spouses have lived separated and apart for at least 12 months immediately preceding the determination of divorce proceedings and were living separate and apart at the beginning of proceeding.
The Court will ensure that reasonable arrangements have been made for the support of the children of the marriage.
If one of the spouses intends to remarry, that spouse must wait 31 days after divorce was granted.
An uncontested divorce is faster, less stressful, and it costs less than a contested divorce. Fewer details of the marriage are published in court documents, which brings the benefit of increased privacy. However, there might be situations where things that are not on record might disadvantage one of the spouses to the advantage of the other, for example in abusive relationships where the abusive spouse could be given an unfair advantage.
In case your spouse is unreasonably delaying the signing of the application, an uncontested divorce might not be the best way to go forward.
In cases where there is disagreement between spouses in regard to parenting, child or spousal support, or division of property, the divorce becomes a contested divorce.
Family law is complicated and a good piece of advice is to consult your lawyer or, if you don't have one, I can help.
416 288 9428
Separation
Married or common-law spouses decide to separate
The spouses are separated as soon as at least one decides the relationship is over, with no reasonable change of reconciliation.
"Living separate and apart" is a concept the the courts dealt with in many cases. It does not mean that the previous spouses cannot live under the same roof for reason of economic necessity, but it must be a withdrawal from the matrimonial obligations by one or both of the spouses with the intention of "destroying the matrimonial consortium".
Moreover, cohabitation is a constituent element of a common-law relationship. In Ontario, for support obligation, the definition of spouses includes two people who have cohabitated continuously for at least three years or are in a relationship of some permanence if they are parents (by birth or adoption) of a child. So, to determine when cohabitation started is essential.
Family law is complicated and a good advice is to consult your lawyer or, if you don't have one, I can help.
416 288 9428
