Grounds for Divorce

In Canada, mutual consent divorce does not exist. For a divorce to be granted, one of the grounds set out in the federal Divorce Act must be proven to the satisfaction of the court. Obviously, divorce does not result from the mere will of the parties, and it must be granted in court by the competent tribunal.

It is therefore a formal process, and the use of lawyers is strongly recommended. Lawyers who specialize in family law can provide valuable advice and ensure effective representation before the court.

The most frequently cited ground is a one-year separation between spouses. This one-year separation period is a prerequisite for establishing the ground of marriage breakdown. Alternatively, if one spouse has committed adultery or has treated the other with physical or mental cruelty to the point where cohabitation becomes intolerable, this also constitutes grounds for divorce.

In some cases, it is possible to claim that the spouses are separated even if they live at the same address. It all depends on the circumstances. Specialized lawyers can assess the situation and determine the best approach to prove separation in such particular circumstances.

It is essential to note that even faults committed by one spouse, such as adultery or cruelty, do not directly result in sanctions or penalties against the spouse at fault. The court examines the evidence and circumstances impartially to make a fair decision.

Parenting time regarding the children, the division of property, and spousal or child support are determined based on other criteria. The court takes into account various factors, including the needs and interests of the children, as well as the financial and non-financial contributions of each spouse during the marriage.

As you can see, divorce is an important legal process that involves various complexities and challenges. Obtaining proper help and advice can greatly facilitate the process and ensure that the rights and interests of all parties are protected.

You can book your consultation at 514-482-0887 and speak directly with a lawyer.