How To File For A Divorce In Toronto?
It would be simple if, once you decide you no longer want to be married, you were able to just walk away. Unfortunately, this is not the case, which is why an experienced Toronto divorce lawyer is important to have on your side. In obtaining a legal divorce, the process will necessarily involve issues such as child custody, access to children, child support, spousal support, and dividing up property. As such, even if the split is on good terms, it is important to have legal help.
So how does the Toronto divorce process work? First, the parties must separate, where they no longer live together. Consistent with this process, a separation becomes legal when the parties enter into an agreement dealing with the important issues listed above. Although this will not turn into a divorce, the legal separation (i) sets parameters to define how the relationship will be going forward and (ii) if the parties come to an agreeable separation agreement, the likelihood of an “uncontested divorce” is much higher.
In the situation where the parties cannot agree, the parties may go to court and begin the process of a “contested divorce.” Much more costly and time-consuming than when the parties agree, a Divorce Lawyer Toronto becomes even more essential to help you understand your rights, how to protect them and how to make sure you have the best chance at having your interests met.
And certain aspects of divorce must be proven in order to be granted. These include: (a) you and your spouse have lived separate and apart for one year or more, (b) your spouse committed adultery or (c) your spouse has inflicted such physical and/or mental cruelty against you to make it impossible for the parties to live together any more. Most marriages are ended by satisfying the first category, otherwise known as a “no-fault” divorce, especially in light of the fact that the other two grounds require the stress, time and expense of obtaining proof and presenting it at trial, typically providing no more relief for the party proving the wrongdoing anyway.
To prove that you have lived separate and apart for one year, the spouses must maintain separate residences for that period of time. This can also be satisfied if the parties till live in the same residence by leading separate lives, sleeping in separate rooms, having no intimacy, and likewise. Also, even though you can file your divorce action before the year is complete, no divorce will be issued until the year has elapsed.
It is important to know that the Court may halt a divorce proceeding if (a) either or both spouses have deceived the court, (b) arrangements for child support, custody and access have not been made or (c) neither spouse has resided in Ontario for less than a year.
This is just a couple of paragraphs representing some highlights of how to get a divorce in Toronto. As there is a lot more that may arise, retaining a divorce lawyer can only serve to make sure you are able to resolve issues more easily and make sure all forms are properly completed and filed so that you are able to obtain a proper divorce.
