Tag: Comparison with Fault-Based Divorce
Understanding Ontario’s No-Fault Divorce Laws
What is a No-Fault Divorce?
In Ontario, a no-fault divorce is one where the dissolution of marriage does not require alleging or proving fault on the part of either spouse. The grounds for a no-fault divorce typically include living separate and apart for a continuous period of at least one year, which the law recognizes as proof of marriage breakdown. This approach focuses on the fact of separation rather than the behavior of either spouse during the marriage.
Comparison with Fault-Based Divorce
Contrastingly, fault-based divorce, which is less common in Canada, requires one spouse to prove the other’s misconduct, such as adultery, abuse, or abandonment, which directly led to the breakdown of the marriage.