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Posts from the ‘Divorce 101’ Category

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 »

Can same sex couples that are unable to divorce in their home jurisdiction be granted a divorce in Ontario?

On June 26, 2013, Bill C-32, an Act to Amend the Civil Marriage Act (also known as the Civil Marriage of Non-residents act) was given royal assent and became law. It allows same-sex couples to divorce, even if they are unable to be granted a divorce in their home jurisdiction – as long as the marriage was valid in the jurisdiction in which the marriage took place.

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Can I just get a “quick” divorce?

The answer to this question depends on many factors. First, consider whether you are simply looking to do the paperwork and receive a piece of paper which says that you are divorced or if there are other issues to be decided. If that is the case and both parties agree there are no outstanding disagreements, then you can complete your paperwork with the court and receive a divorce within just a couple of months.

Unfortunately, most Divorce cases involve complex financial and emotional issues which need to be resolved between the... MORE »

Can I get a divorce in Canada even if I was married in a different country? What if my country of origin has refused or will not grant me a divorce?

In Canada, as long as you or your spouse has lived in Canada for at least one year, you will be able to receive a divorce. Divorces are granted by the courts in Canada based on your current marital status as determined by the government of Canada and not as determined by the government where you were married.

Neither you nor your spouse is required to be a Canadian citizen in order to receive a divorce in Canada. The only requirement to make a court application for a divorce is that... MORE »

I have lived common law with my partner for three years but we never married. Do I need to get a divorce?

No, only married spouses need to get a divorce. It is important to know that couples who have cohabitated together may be considered “common law” partners under the law and may have other legal issues that need to be resolved as a result of separation.

Common issues which arise between common law couples include custody and access, child and spousal support and sometimes considering how to deal with jointly owned property.

As a common law couple, your rights and obligations on separation may be different from a married couple, especially in regards... MORE »