If you are contemplating divorce, but don’t know where to start, you’ve come to the right place. The following is some basic information to assist you in understanding divorce procedures in Ontario. First, there are ‘Contested’ and ‘Uncontested’ divorces.
This is where one party is contesting the divorce and issues surrounding the break-down of the marriage and go through the Court process, which involves Court appearances. This is the more costly avenue but is unavoidable in some circumstances.
This is the easiest and simplest way to obtain a divorce. This is where both parties agree to get divorced, the property and children’s issues have all been dealt with, generally, through a well-crafted separation agreement.
Secondly, there are three different grounds for divorce:
This is the most common. The parties must have lived separate and apart for one year with no chance of reconciliation. Sometimes the parties will live in the same home for the year of separation for financial or other reasons, which just means that other factors must be considered. For example:
This is less common as it is mostly hard to prove. The most common misconception is that if your spouse is having an extra-marital emotional attachment or emotional affair with another person, the Courts may not accept this as adultery. It more commonly must be a sexual act and not just an emotional tie to another person, male or female.
Must be proven by having a record of a vicious or brutal attack or several assaults over a period of time. The Courts may sometimes also consider name-calling and degrading comments as a form of cruelty. Medical evidence and police records are usually the most common.
You may be questioning whether you want a divorce, and most people will go without officially getting their divorce finalized by the Courts. What is important to note is that you don’t have to get a divorce. Those planning to re-marry will need a divorce, those who don’t plan to re-marry, don’t need a Divorce Order. For some, just having that Divorce Order helps in the healing process and moving on. Common-law spouses do not need a divorce.
At Lemieux Litigation, we can help you navigate the divorce process. Call Nicole Meringolo at (705) 999-7595 for a 1-hour consultation. Nicole serves clients of all walks of life in Innisfil, Barrie, Bradford, Newmarket, Orillia, Midland and Collingwood.