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Posts from the ‘Divorce 101’ Category

Can I get a divorce in any court?

The short answer is no. The long answer is that there may be some flexibility depending on whether or not you or your spouse are still supporting dependent children.

If there are children of the marriage who still are still considered “children of the marriage” under the law then any claim for divorce must be commenced in the municipality where the children ordinarily reside.

If there are no children of the marriage then a claim for divorce can be started in the municipality where either party normally resides.

It is important to note... MORE »

When you get divorced how do you deal with your custody, property and support related issues?

These issues are separate from the divorce itself and are usually dealt with through a separation agreement drafted by lawyers prior to a divorce. It is very important to have your separation agreement drawn up by a lawyer for a couple of reasons. First, each couple’s situation is different and with all of the emotions involved in a separation it can be very difficult to come to an agreement with your spouse. Secondly, a lawyer can help you come up with a fair solution which a couple may not have... MORE »

When can I get divorced?

Typically you can get divorced one year after you and your spouse decide to live separate and apart. This means the date on which you both decide your relationship is over. This does not have to be the same date on which you stopped living together.

Sometimes parties can live apart under the same roof, and sometimes they can still cohabitate even if they live in separate locations. The courts look at various objective factors to determine if the parties are living apart or not.

Some of the criteria that judges consider... MORE »

Can a spouse refuse to take steps to remove religious barriers to remarriage?

When a couple decides that they want to obtain a divorce, the divorce which is granted by the Court is a divorce of their civil union and this does not necessarily mean that their religious institution will also recognize that they are divorced.

In some faiths, consent is required by one of the parties, in order for the barrier to the religious re-marriage to be removed. Where one party withholds their consent to remove the barrier to religious re-marriage, the Divorce Act kicks in.

If despite requests to the contrary, a party... MORE »

When will the Court not allow parties to receive a divorce?

The Divorce Act contains three obstacles or “bars” to divorce.

1) If the court finds there has been collusion, the court must dismiss the divorce application. Collusion includes any agreement, understanding, or arrangement to fabricate or suppress evidence or to deceive the court. The most common example of this would be a marriage which is part of an immigration scheme.

2) If the court finds that reasonable arrangements for the support of the children have not been made, the granting of the divorce must be stayed until such arrangements have been made.

3)... MORE »