Getting a divorce is hard for any couple. Most people have high hopes for their partner, leading to dissatisfaction and incompatibility. Rather than dragging such a toxic relationship, it is better to end it without hurting each other even more.
Canadian law authority has passed several laws about getting a divorce. If you are in the middle of an unhappy marriage and want a divorce, have a clear conception of how to get a divorce in Canada and what you will go through during the proceeding with this article.
What are the Classifications of Divorce in Canada?
To find out the proper grounds for filing a divorce, you need to consult your divorce lawyer first. You must inform your lawyer about the problems you have faced during the marriage and why you want the divorce.
Here are the types of divorce cases you can file against your partner.
According to Differences in Agreement
You can either agree or disagree with the statements your partner is implying against you.
Uncontested Divorce: Cases, where both partners are in a mutual agreement on the terms of separation, are called uncontested divorce.
Contested Divorce: If either of the spouses does not agree with the terms of the divorce or does not want to get the divorce at all or cannot decide how to divide the assets, the divorce case will be filed under the contested divorce law.
According to the Ground
Do not feel threatened by the opposition and stand for yourself if you are a marriage victim. Otherwise, file a divorce with mutual agreements.
Fault Divorce: When you can prove in Court that you were victimized in the marriage and the other person was engaged in the following activities, you will file your case under fault divorce.
- Extramarital relationship
- Distanced from each other for an extended time without any valid reason
- Criminal activities
- Physical, mental, or sexual violence
- Hiding physical conditions before marriage, for example, impotence.
No-fault Divorce: Couples who have already decided to stay separated can apply to get a divorce with no-fault laws. They may need to live in separate houses for a year after settling property and custody issues. They can also live under the same roof if separation is impossible because of children, but not as husband and wife.
Read more, Understanding The Legal Aspects Of Separation Agreements In Vancouver, Canada
The Process of Exploring Reconciliation
You are not getting a divorce right after presenting the case to the court. Your lawyer is going to advise you about the reconciliation. The Canadian divorce process may say that the court will not permit the divorce because the couple was separated. If they stay together again, they may consider not breaking the marriage.
A Step-by-step Guide: How to Divorce in Canada?
Your family and divorce lawyer will follow the rules and regulations of Federal Divorce Law while presenting the case. Although your lawyer will fight the case for you about the legal issues, for example, properties, it is better to understand the procedures beforehand to gather the documents needed to initiate the process.
We have tried to give you an easy step-by-step guide to follow to ensure that you understand all the steps of the divorce process in Canada.
Step 01: Confirmation
Before consulting a divorce lawyer, have a meeting with your spouse even if you are not on good terms. You should make sure that both of you want to end the relationship the same way.
Step 02: Hire a Skilled Lawyer
Cases, where couples can come up with the same conclusion after discussing any issue, are easier to conclude. But if you have suffered from physical violence or psychological aggression and want to speed up the process, hire a skilled and experienced lawyer in this field.
Step 03: Decide on the Divorce Type
Among the four divorce classes, decide which ground you want to file the case on. The no-fault and uncontested cases take the shortest time and effort to solve.
Whether you have kids or not, filing a divorce case under these grounds will not make you more emotionally depressed. You can solve the case without difficulties and without fighting in front of your kids, which may leave a deep impact on their minds later on.
But if there is violence involved in the case, it is better to stick to the hard way to get the compensation you deserve for hurting you all the years of marriage.
Step 04: Fill out the Application
You will get a form to fill out to begin the legal process officially. Your lawyer will let you know how to file the divorce. You need to fill out a form after discussing the causes behind the breakdown of the marriage. Make sure you have a format that is designed according to the law of your province or state.
Step 05: Resolve Custody and Property issue
In an uncontested divorce, the spouse will decide how to decide their children’s lives. Moreover, how they will divide the properties, debt, and money will be on the written statement which both will sign as a form of agreement.
For the contested divorce law, both parties will have a session in front of the court to argue about who is suitable to get custody of the child, how the victim will be compensated, inheritance of the property, and selling the properties that have both of their ownership. Since they have to prove that the other party is guilty, it will take longer to solve a case like this.
To avoid such situations about the property, many couples now choose to sign a prenup before marriage to state a clear statement about what will happen if the marriage doesn’t work after a few days.
Step 07: Sending the Notice
Now it’s time to send the opposition the court notice. After the clearance from the divorce registry arrives, each of the parties will send the message to another, and they will have only 30 days of the limitation period to respond to the notice.
Step 08: Mediation
While both parties are present at the court, all the hearing is done before the judge or a mediator. In the cases where people are unable to reach a settlement plan, they discuss their terms in the mediator’s presence. After all the evidence and arguments are heard, the court makes the decision.
Step 09: Arbitration
Arbitration is an alternative solution for couples whose case remains complicated after mediation. An arbitrator then makes a binding decision with the facts of their marriage kept in mind.
Step 10: Issuing the Court Order
If your husband or wife doesn’t respond to the court notice, the court will automatically set down your divorce file after reviewing all the materials. A judge will grant your divorce order which you can collect after 30 days.
Conclusion
The divorce process can get long and frustrating. Ask your friends and family to stay with you for the hearing and provide emotional support by surrounding your loved ones by your side.
Even though this article helped you understand how to get a divorce in Canada, consult with your lawyer about the little things you want to claim from your marriage. The court will help you break the cage of a toxic relationship.
FAQs
How Long Does It Take to Get a Divorce in Canada?
It takes only four to six months to complete all the formalities when both husband and wife submit complete documentation and do not disagree on legal issues.
Do You Have to be Separated for a Year to Get a Divorce in Canada?
Yes, to file for a divorce in Canada, you first need to stay separated for a year. The Court may want you to reconcile, but that will not be an issue if you agree to get the divorce. However, in cases when the case was based on violation or adultery.
Can You Get a Divorce Right Away in Canada?
No, you cannot. After representing the case to the Court, the Court may give you a chance to reconcile. If reconciliation is not an option for you, the legal procedures will begin shortly after that, and you will finally be separated within Six months.
What is the Number 1 Cause of Divorce?
According to different studies, the number 1 cause of divorce is the incompatibility between couples. This can result from extramarital relationships, emotional or mental distress, and money issues.
