If you were legally married, then in order to officially split up you need to obtain a divorce.  In Canada, the Divorce Act governs all divorces.  It does not apply to common-law couples who were never legally married.

While marriage and divorce are governed by federal legislation, getting a divorce will still require slightly different procedures from province to province because the courts are governed by provincial legislation. 

Canadian family law can be complex.  You don’t have to go through it alone.  Call a local family law lawyer today to find out how a lawyer can help you obtain a divorce.

Divorce definition.

A divorce is the legal termination of a marriage by an order of the court.  Even if you have only been married for a short time, you need to obtain a divorce to be considered legally separated.

Reasons for legally ending a marriage.

Why bother obtaining a divorce? Without a divorce, you will be considered married by the courts, which can result in the following:

• You cannot be remarried without first obtaining a divorce.
• Certain legal rights and obligations of marriage continue for as long as you remain married, even if you have been separated for many years.  For example, when you die, your spouse is entitled to a portion of your estate, even if you are separated and your will specifically excludes your spouse.

Consult a lawyer for expert advice on the implications of remaining married.  Unless reconciliation is still a possibility, obtaining a divorce may be the best option for you.

How to file for divorce in Canada.

To obtain a divorce in Canada, one spouse must sue the other spouse in court in a province in which at least one of the spouses has been living for the past year.  The application for divorce can be based on one of the following three grounds:

• The spouses have been living separate and apart from one another for at least one year.
• Adultery.
• Physical or mental cruelty.

Most divorces in Canada are granted based on the fact that the parties have been separated for at least one year.  Courts require a stricter standard of proof in order to grant a divorce based on the other two grounds, because of the stigma that may attach to the parties as a result.

If the parties agree on all issues, including child custody and access, child support, spousal support, and the division of assets, then the parties can obtain an uncontested divorce, which is fairly straightforward. 

If the parties fail to agree on even one issue, then the case is considered a contested divorce. 

No matter whether yours will be a contested or an uncontested divorce, an experienced family law lawyer in your area can help walk you through the process and make it as painless as possible.

Can you oppose an application for divorce?

While you can oppose an application for divorce, it is rarely done.  Once a party has proven one of the three grounds for divorce in court, the court will generally grant the divorce, even if the other party disagrees. 

However, if you have children, it is important to note that courts will generally not grant an order for divorce until they are satisfied that child support is being paid in accordance with the Federal Child Support Guidelines.

Find an expert on divorce laws.

In addition to helping you get a divorce, your family law lawyer can help you with the following issues, which are often ancillary to obtaining a divorce:

• Child custody, access and parenting schedules.
• Child support.
• Spousal support.
• Division of assets.
• Selling the family home.
• Repayment of joint debts.
• Tax issues.

Finding the right lawyer for you can be difficult.  Browse this website to educate yourself about the issues that are important to you.  Then use the search function to find experienced family law lawyers in your area.  With the information you gather from this site, you will know what to ask your lawyer to make sure that the lawyer you retain is the right match for you. 

Canadian divorce laws and procedures can be complex.  Add to this the emotional upheaval caused by your separation and you may find yourself feeling overwhelmed.  Call a local family law lawyer today to get an expert on your side.