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Posts from the ‘Divorce 101’ Category

Is a religious divorce “legal”?

In short: a religious divorce is not a legally recognized way to end a marriage in Canada.

If you are practicing a religion that requires a religious divorce (for example, to remarry) than you may need to acquire a religious divorce in addition to your legal divorce.

In this case, it is important to outline that the courts cannot grant your religious divorce at the same time as granting your legal divorce. You will have to receive this religious divorce separately, likely from your religious organization.

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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:

  • You and your spouse can come up with an informal agreement. If one party backs out of... MORE »

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 »