Divorce is an overwhelming situation for many couples, especially when you don’t know the proper legal process. The grounds for divorce in Canada require you to meet specific criteria before initiating the process.
If you fail to fulfill the grounds for divorce, ending the marriage may become complicated. Fortunately, you don’t have to look further to learn about the divorce process in Canada. Below, we have detailed everything about it.
What Is Divorce In Canada?
Divorce is the legal process that all couples in Canada must follow to end their marriages, with or without a lawyer. Hiring a family lawyer isn’t mandatory for the process, but having an attorney by your side is highly useful. This is especially true if your divorce is turning into a complicated, contested divorce.
Only a family court can approve and grant a divorce in Mississauga. You will have to file different paperwork to initiate and finalize the dissolution of your marriage. Once the process is completed, the court will issue a divorce certificate to prove the change in your marital status.
What Are The Grounds For Divorce In Canada?
The Divorce Act is a federal law in the country that governs rules surrounding the divorce process. All married couples must follow the law to legally end their marriages. The only ground for divorce in Canada is marriage breakdown, which you must prove in one of the three ways below:
One Year Of Legal Separation
Legal separation begins when a couple decides to live apart and end their marriage. If you wish to divorce your spouse, you must be legally separated for at least one year to ensure the court grants you the divorce.
This means you and your partner must live apart in different houses for one year before beginning the divorce process. You may also develop a separation agreement to outline your responsibilities and asset division during this period.
History Of Physical Or Mental Abuse
The Divorce Act allows you to end your marriage in cases of cruelty by the spouse. This includes:
- Physical abuse
- Mental abuse
- Financial control
- Any erratic behaviour that makes living together intolerable
Consulting a family lawyer in the case of abuse can help you initiate a divorce without legal troubles. An attorney will also assist you in making a strong claim to ensure your divorce request is granted by the family court.
Adultery
The final ground for divorce in Canada is infidelity. If your partner committed adultery during the marriage, you can use it as a reason for the breakdown of the marriage.
Upon initiating the proceedings, you must submit proof of adultery to ensure your divorce request is granted. A family lawyer, such as Malik Law Office, can help you create a strong case of adultery.
You must also ensure you didn’t forgive your spouse for adultery when filing for divorce. Forgiving and continuing to live with your partner after confronting them for adultery prevents you from using it as a ground for divorce.
Do I Have To Fulfill All Three Grounds For Divorce In Canada?
When ending a marriage in Canada, you must prove the marriage breakdown through one of the three criteria for divorce. The most common reason to apply for a divorce is when you’ve lived apart from your spouse for one year. This reason allows couples to divorce with mutual agreement.
If you haven’t separated from your spouse but want to divorce them, you must fulfill other grounds, such as adultery or abuse. Consulting a divorce lawyer in Mississauga can help you understand how to divorce without living apart for one year.
Do I Have To Wait One Year Before Divorce In Canada?
There is no waiting time for applying for a divorce in the country. For separation claims, you can file for a divorce as soon as you’re separated. However, the court will only approve the divorce once one year of separation has been completed.
Couples filing for divorce due to abuse or adultery don’t have to wait or separate for a year before ending the marriage. You can file a claim immediately with the help of a divorce lawyer in Mississauga. The court will review your claim and your spouse’s claim before finalizing the divorce.
FAQs
What Are The Rules For Divorce In Canada?
The Divorce Act of Canada states that a divorce may be granted to a couple in the case of marriage breakdown. This breakdown may be due to legal separation, adultery, or cruelty shown by one spouse during the marriage.
Does Legal Separation Grant A Divorce Automatically?
Legal separation for at least one year is one of the grounds for divorce in Canada. The act itself doesn’t grant a divorce unless you file for the process. A family lawyer will submit your request for divorce to the court, which may be granted if you fulfill the criteria of separation.
Can I Get A Divorce Without Going To Court In Canada?
You cannot get a divorce in Canada without involving a family court. The law requires you to apply for a divorce in a court. A divorce lawyer may handle the filing process on your behalf to reduce your burden.
Apply For A Divorce In Canada With Malik Law Office
If you are considering divorce and need clarity on the grounds for divorce in Canada, professional guidance can make a meaningful difference. Malik Law Office supports clients across Mississauga with clear and practical family law advice.
Whether your case involves separation, adultery, or cruelty, our experienced divorce lawyer can help you understand your rights and next steps. Contact Malik Law Office today to schedule a confidential consultation and take an informed step towards getting a divorce.