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If you and your spouse are considering divorce, it is important to understand the situations in which a Canadian court will grant your divorce. Before you consult with a divorce lawyer in Toronto, remember that you must be able to prove to the courts that your marriage has broken down irreparably.
The No-Fault Divorce
In some situations, couples simply grow apart and wish to separate their lives. This is a "no-fault" divorce, and a divorce lawyer Toronto sees this type of case most often. However, there are several stipulations to keep in mind before you file for your divorce.
Mandatory One Year Separation - Although you can file for divorce in Canada as soon as you and your partner separate, you must remain separate for one full year before the court will finalize the divorce. You do not have to live in separate houses, but if you choose to remain in the same home, you will have to prove that you and your spouse no longer live as a couple.
Getting Back Together - If you and your spouse get back together at any point during the mandatory separation time, you might not have to restart the separation if you choose to go through with the divorce. However, if you are back together for more than 90 days, or for several periods amounting to more than 90 days, you will need to begin the separation all over again. Family law services Toronto can help you understand this more clearly.
The At-Fault Divorce
In other situations, one spouse commits an act - usually adultery or some sort of abuse - putting him or her "at fault" for the divorce. If this is the case, things proceed a little differently. This is because one spouse must prove that the other is solely responsible for the breakdown of the marriage. You should keep a few things in mind before you proceed.
Legal Representation is a Necessity - A divorce lawyer in Toronto can help you substantiate your claims, or can help you fight claims being made against you. Bear in mind that at-fault divorces are long, drawn out, and often quite expensive.
They Take Time to Process - In some cases, a divorce lawyer Toronto will recommend foregoing the at-fault divorce proceedings in favor of an uncontested divorce. This occurs in cases when the at-fault party does not contest the allegations against him or her and agrees to reparations befitting the situation. This happens because at-fault divorces are difficult and they take a long time to process - well over a year, in fact. An uncontested divorce is shorter, and it is often better for the children involved.
A divorce lawyer in Toronto will also tell you that the reasons for the divorce, whether they are simple or more complex in nature, have no effect on the court's decisions regarding child custody, visitation, and financial support matters. Courts will always consider these things separately, even if the reason for the divorce is domestic abuse or other acts of cruelty.