Category: Simple Divorce
How to Ensure Your Simple Divorce is Legally Binding in Ontario
Legal Requirements for a Simple Divorce in Ontario
Residency Requirements
To file for divorce in Ontario, certain residency conditions must be met. At least one spouse must have lived in Ontario for a minimum of 12 months before submitting the divorce application. This ensures the provincial courts have jurisdiction over your case.
Grounds for Divorce
Under the Divorce Act (Canada), the sole legal ground for divorce is the breakdown of the marriage. This can be established through one of the following:
- Separation for at Least One Year: Most commonly used, this requires spouses to live apart for at least 12 months.
How to Handle Debts in a Simple Divorce in Ontario
Understanding Debt Division in Ontario Divorce Law
Divorce can be an emotionally challenging process, and handling financial matters, especially debts, can add complexity. For those going through a simple divorce in Ontario, it is essential to understand how debts are treated under Ontario divorce law to ensure a fair settlement.
Debt as Part of Family Property in Ontario Divorce Law
In Ontario, debts are considered part of family property and are subject to division just like assets. According to the Family Law Act, any debts incurred during the marriage must be accounted for when dividing the property between spouses.
What is a Simple Divorce in Ontario?
A simple divorce in Ontario is a streamlined legal process designed for couples who mutually agree to end their marriage without disputes over major issues like child custody, property division, or spousal support.
Understanding a Simple Divorce
Definition of a Simple Divorce
A simple divorce refers to a straightforward legal procedure used when both spouses agree to the divorce and there are no unresolved issues to litigate, such as child custody, child or spousal support, or property division. Essentially, it’s a type of “uncontested divorce,” meaning the couple does not require the court to make decisions on their behalf, simplifying the process significantly.
Staring Your Online Divorce
Deciding to separate or divorce is one tough step to make, keeping in mind the many questions of how the process will start and end. However, amidst such questions, there are many options that couples may use to part ways amicably. One way is to use online divorce.
Online divorce is the best if time and situation don’t allow you. You can do it at the comfort of your home and get your divorce decree.
The only hitch back is when both parties seem not to agree on matters related to the divorce. In such a case, then it’s better to seek legal help and understand the best way to end marriage relationship.
Can I File A Simple Divorce Based On Adultery?
One way to show that your marriage has broken down in Canada is if your spouse has committed adultery. While spouses try to reconcile their differences to avoid a breakup, adultery in marriage is one factor that may not work out. Any marriage breakdown is proven by:
- The fact that one spouse engaged in adultery
- One spouse has physical, mental cruelty, and
- Both spouses have lived apart for a year
Obtaining A Temporary Order Before The Final Divorce Decree
Once the process of divorce starts, it may take time before everything is finalized. Some issues may not wait until the process is over. For instance, if one spouse needs support for the children, this cannot be stopped until the divorce is finalized. Therefore, a temporary order to address urgent issues that can’t wait has to be prepared. If you plan to divorce in Ontario, you need to get a temporary order to address urgent issues before the final divorce decree is given.
7 Reasons To Appoint A Divorce Lawyer
Going through a divorce isn’t an easy process without the help of a divorce lawyer in Toronto. They are able to provide their clients, not just legal help, but a piece of good advice too. To get the best legal help, always look for a professional divorce lawyer. There are various benefits of hiring lawyers, such as knowledge of surrounding divorce lawyers, and knowledge of local judges and firms.
Infographic: 8 Common Myths Surrounding Divorce In Canada
Do you want to legally separate from your spouse? You can move on if the differences are irreconcilable. However, there are some common myths related to divorce in Ontario. Many feel that if both spouses are employed, then there can be no spousal support. Spousal support can be ordered based on factors like difference in income. There is no guarantee that one can get access to a child by paying child support. Many believe that if a spouse has committed adultery, the court will rule in favour of the other person. Each state has its laws and so, you should consult a Toronto divorce lawyer.
Infographic: 3 Smart Tips To Select A Divorce Good Lawyer
Do you need legal assistance to divorce your wife? To ensure that the lawsuit ends in your favour, you will have to make sure that you choose a divorce lawyer wisely. First, you have to decide whether you want to utilize mediation, litigation, cooperative, or cooperative divorce. By doing so, you can hire a lawyer who is experienced in handling similar lawsuits.
Next, decide what type of legal service you require for your situation. If you own substantial assets, then you will have to look for a lawyer who can handle the complicated divorce cases. Similarly, figure out how much you can afford to spend on hiring a divorce lawyer Toronto. In case if you have limited saving, there is no point in spending a large sum.
Filing a Joint Divorce In Ontario
There are instances when a married couple mutually agrees that it is for the benefit of their relationship that they divorce. The agreement to divorce is in the best interests of the married couple and their relationship. It is possible for the couple to file for what is referred to as a joint divorce.