It is not necessary that both spouses want to get a divorce, provided you have lived separate and apart for one year. If one spouse wants a divorce, the marriage can be said to have broken down. The only caveat is that you cannot apply for a divorce on the basis of your own adultery …
Read MoreA spouse can remarry only after the divorce is granted by the court.
Read MoreSexual relations are but one factor to look at when determining if spouses are living separate and apart. For this reason, it is quite clear that one instance of sexual relations will not count as a resumption of living together. As long as you do not resume living in a marital relationship for more than …
Read MoreYou generally must wait one year from separation before a divorce is granted. There are two cases in which you do not need to wait the year before being granted a divorce. (1) If your spouse has had sexual intercourse with someone else during your marriage and you did not forgive this adultery or live …
Read MoreOntario law allows a spouse to elect to resume their former surname upon divorce. The surname that you can elect to resume is the surname you held immediately before marriage. This is a simple process but must be done within 90 days of the divorce. If more time has elapsed, you will have to apply …
Read MoreDivorce law is governed by the Federal government under the Divorce Act. The Act stipulates that there is fundamentally only one ground for divorce and that is “marital breakdown”. Marital breakdown can be proven in three ways: 1. You and your spouse have lived separately for the period of one year – The one year …
Read MoreAnnulment allows spouses to end their marriage without requiring a divorce. An annulment order is a declaration that the marriage is void and establishes that the marriage never existed. It makes it as if the spouses were never legally married. It is difficult to establish grounds for annulment in Ontario. The cases in which an …
Read MoreLegal separation is defined as a point at which you are no longer living together and there is no chance you will resume cohabitation. Often just prior to or during separation, each spouse consults with a lawyer to draft a separation agreement and property settlement. The separation agreement will discuss how property should be divided, …
Read MoreHow to get through Divorce in Ontario No matter who initiates a divorce and whether or not you see it coming the process is always very difficult. By having an understanding of what goes on in a divorce and of what you can do to help reach the desired outcome, the process can be made …
Read MoreThe Price of Divorce There are different types of fees to consider when seeking a divorce. You will have take into account lawyer fees, court fees, government fees as well as any additional amounts for filing court documents. Lawyer Fees The exact lawyer fee will vary with the services you require. Most law firms, including ours, …
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