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Posts from the ‘Divorce 101’ Category

What if my spouse and I got married in another country? Can I still get a divorce in Canada?

In Canada, divorces are granted based on the status of your marriage as defined by Canadian legislation, not the legislation of the country you were married in. As long as either you or your spouse have been residing in Canada for one year or more, you can be granted a divorce. Furthermore, provided you have lived in Canada for at least the required one-year time period, you can receive a divorce in Canada even if you and your spouse are not citizens of Canada.

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How long will my divorce take?

If you and your spouse agree to get a divorce, and have no outstanding issues such as child custody or property matters, you can complete the paperwork with the family court and receive a divorce within a few months afterwards.

However, in most cases, divorces also include many other issues that need to be resolved. These issues may range from financial matters to emotional matters. These types of issues commonly arise where there are children, support matters, or jointly owned property.

Lawyers can be helpful to sort out these aspects and can... MORE »

What is the difference between separating and divorcing?

Your date of separation is the date on which you an/or your spouse decide to live apart, and do not intend to live together again. Once this occurs, it is important to talk to your spouse about matters such as custody, access and child support. It is also important to work out any issues that deal with spousal support and property, such as the matrimonial home. You can resolve these issues in different ways:

My partner and I have never been officially married. Do I still need to get a divorce?

Although partners who have lived together for some time may be legally considered  “common law” partners, only married spouses are required to get a divorce. However, common law partners may have other legal issues that need to be resolved as a result of separation. These issues commonly include:

  • custody and access,
  • child and spousal support,
  • dealing with jointly owned property.

It is important to highlight that common law couples have different rights and obligations than married couples. This is especially relevant when considering issues involving property. Children are another crucial factor. If you and... MORE »

Does it matter which court I get my divorce in?

Generally speaking, no.

However, if you and your spouse do not have “children of the marriage”, a claim for divorce can be brought in the jurisdiction that either of you normally reside.  Under the law in Ontario, if there are still “children of the marriage”, any claim for divorce must be brought where the children habitually reside.

An important distinction is that if there is both a Superior Court of Justice and an Ontario Court of Justice in your area, then you must be sure to begin your case in the correct... MORE »