FAMILY LAW

DIVORCE APPLICATIONS:

Getting separated is an unfortunate event in anyone's life. A couple faces issues of Properties, Income, Support and Children in such an unfortunate event. At Rathod Law Firm, we take special care of the issues that revolve around your separation with your spouse. Further, in such events, custody of the children, spousal support and property equalization becomes issues at centre. We carefully analyze the issues that you are facing and provide guidance based on current law.

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The divorce process in Canada involves several steps and can vary depending on individual circumstances. Here's a general overview of how it works:

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1. Eligibility for Divorce

To file for divorce in Canada, you must meet the following criteria:

• Residency: At least one spouse must have lived in Canada for at least one year before filing for divorce.

• Grounds for Divorce: The primary grounds for divorce in Canada is the breakdown of the marriage. This can be established in three ways:

  • Separation for One Year: The spouses have been living apart for at least one year.

  • Adultery: One spouse has committed adultery.

  • Cruelty: One spouse has treated the other with physical or mental cruelty.

2. Filing for Divorce

• Obtain Forms: You’ll need to fill out divorce forms, which can be obtained from the court or online through the government’s website. The forms generally include a divorce application and an affidavit.

• Complete Forms: Fill out the required forms with details about your marriage, separation, and any children involved. You may also need to provide information about division of property and spousal support.

3. Serving Documents

• Serve the Divorce Application: After completing the forms, you must serve them to your spouse. This means delivering copies of the documents to your spouse in person or through an authorized process server. This step ensures that your spouse is aware of the divorce proceedings.

4. Response from Spouse

• Response to Divorce Application: Your spouse has the opportunity to respond to the divorce application. They can agree with the terms, contest them, or request modifications, particularly regarding child custody, support, or property division.

5. Court Proceedings

• Uncontested Divorce: If both spouses agree on all terms (e.g., property division, spousal support, child custody), the process is relatively straightforward. You may submit a joint application for divorce, and the court will review the paperwork.

• Contested Divorce: If there are disputes, the case may go to court. This can involve hearings where each party presents their case regarding custody, support, and division of property.

6. Finalizing the Divorce

• Separation Agreement: Before the court grants the divorce, spouses may need to draft and agree on a separation agreement outlining the division of property, child custody, and support arrangements. This agreement must be fair and in the best interests of any children involved.

• Divorce Order: If the court is satisfied with the arrangements or if no disputes exist, it will issue a divorce order (or judgment). This legally ends the marriage. You will receive a Certificate of Divorce, which is the official document confirming the divorce.

7. Post-Divorce

• Property Division and Support: Ensure that all terms regarding property division, spousal support, and child support are implemented as per the court’s or agreement’s provisions.

• Change of Status: Update personal documents, such as your marital status on identification documents and tax records, to reflect your new status.

Additional Considerations

• Legal Advice: It’s advisable to consult a lawyer to understand your rights and obligations, especially in contested cases or if significant assets or complex issues are involved.

• Mediation and Counseling: Mediation services can help resolve disputes amicably and may be required in some jurisdictions before proceeding to court.

 

Divorce processes can differ based on the province or territory, so checking local requirements and seeking legal advice is essential.

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