Sometimes, things don’t work out, and you may need to permanently part ways with your spouse. Divorce is now a new thing in Canada. Actually, the divorce rate is going higher every year. If you are in a situation where you are considering a divorce with your partner, this article will provide the necessary information for you.
Here, we will discuss the grounds for divorce in Canada. So, without wasting any time, let’s dive straight into the topic.
Grounds for Divorce in Canada
The Canadian “Divorce Act” specifies three grounds for divorce in Canada. You have to show one of these grounds as the reason to file your divorce legally. This Divorce Act is federal, which means it is effective across all the provinces and territories of Canada.
The grounds for divorce are:
- Adultery
- Cruelty
- Living separately for one year
Let’s explore the grounds and learn in detail.
Adultery
Adultery is an act of cheating with your legal spouse. This includes having sexual relationships with someone other than your legal spouse. If your spouse does such things, you can apply for a divorce using adultery as the reason. The spouse alleged of “Cheating” can admit to infidelity. If not, you have to prove this in court.
Cruelty
Cruelty can be both mental and physical in a relationship. Cruelty is a serious allegation; you must prove it to the court with solid evidence. This term indicates that your spouse is intolerable and living with him/her is impossible. Unlike the ground of adultery, proving cruelty as a ground for divorce will be a hard task if there is no involvement of police or hospitals.
Living Separately for One Year
On this ground, you must live separately from your spouse for at least a year before you apply for a divorce. The spouse may make important decisions, such as a Separation Agreement that includes the division of assets and child support.
Living separately doesn’t necessarily mean that both spouses must live in different establishments. You can apply for a divorce even if you are living in the same house. Here is a list that can determine the validity of applying in this ground.
- Living in separate rooms
- Having no sexual relationship
- Having separate social lives
- Live like roommates rather than a couple
- Hold yourself from being a couple
- If both spouses agree to the decision and the date of their separation, the court will not challenge this decision.
Other Requirements Under the Divorce Act of Canada
Canada also has a no fault divorce process. This process refers to the spouses seeking divorce; no one did anything wrong while married. The court doesn’t need anyone as guilty but considers just the decision of separation of the spouses.
Current Divorce Act of 1985
According to the Divorce Act established in 1885, a divorce can be no fault and just the decision of separation.
The court will not punish the spouses with matrimonial offenses. The way of debate for good vs bad is always there, but the court doesn’t care about that in these cases. Unless the action is very severe and might affect the well-being of the child, the spouse will not be punished. The whole point is separation, so this debate just wastes a lot of time, money, and effort in the end.
Unequal Division of Assets
Normally, if any of the spouses is proven guilty of bad behavior, they will not be punished with unequal property division. But it may change in cases of extreme occurrences or if the court finds a valid reason to do so. The reason has to be relatable under the property distribution law.
How Long Does a Divorce Take to Process?
Actually, the time is variable. It depends on the unique situation of each case, and there is no mandatory time frame. But on average, a straightforward divorce case can take from 4 to 6 months to process. But keep in mind that it takes this much time if there are no additional issues to be cleared, like child support or custody. Those can extend the process further.
There is a specific process for applying for a divorce. To be able to get a divorce in Canada, you have to meet the following list of facts.
- Your marriage must be valid according to Canadian law or any country Canada recognizes
- Your relationship has broken down
- You or your spouse lived in the province or territory of Canada for at least a year immediately before you applied for a divorce there.
A judgment will come from the court in open court as a result of the application. Or, the judgment can come from the Judge’s office through “Desk Divorce.” The document that grants the divorce is called “Divorce Judgment.”
How a Family Lawyer Can Support You in Different Grounds?
A family lawyer is an expert in family-related issues like divorce or property distribution. He has vast experience in this area and can understand your situation and how to handle it.
A family lawyer can be a lifesaver in this physically and mentally draining situation. He can ensure that your assets are properly distributed, fair child support, child custody, and many other pressing issues. He can reduce your unnecessary costs, complexity, and required time for the divorce process. So, a proper family lawyer will be a valuable resource in this situation.
The Bottom Line
The grounds of every divorce case are categorized into three categories, as mentioned earlier. Also, there is another option for No Fault, where nobody is guilty. As the time needed for the process depends on the complexity of the case, it may take even years to complete sometimes.
To reduce stress, cost, and time, we highly recommend the spouses come to an agreement and try a fault divorce process.
FAQs
When can you file a divorce in Canada?
You must be married legally according to the Canada-recognized country’s law. Also, you or your spouse must stay at least one year immediately in the region before filing the divorce.
Can I marry immediately after divorce in Canada?
No. There is a one-month waiting period before you can get into marriage again in Canada.
Can a spouse refuse a divorce in Canada?
The consent of spouses is not a must in Canada to get a divorce. But in that case, you have to meet some specific criteria. If all conditions are met and you can prove a broken marriage, you don’t need your spouse’s consent.
