Summary
A divorce legally ends a marriage. In Canada the only ground is breakdown of the marriage, usually shown by living separate and apart for at least one year, and in Ontario divorces are granted by the Superior Court of Justice. Jamal Family Law, in Oakville, handles divorce proceedings for clients in Oakville and across Halton, together with the property division, support and parenting issues that usually come with them, and represents clients in litigation if necessary.
Divorce and the issues around it
The divorce itself only ends the legal marriage. Parenting, child and spousal support, and property are separate issues. They can be settled in a separation agreement before or during the divorce, or decided by the court as part of a contested divorce.
How Jamal Family Law helps
Our family law services include divorce proceedings, negotiating property division, spousal support and child custody arrangements, and representing clients in litigation if necessary. We also handle annulments, which are legal declarations that a marriage is void or invalid. Our lawyers have appeared at all levels of court, and also offer mediation, collaborative family law and arbitration as alternatives to court.
Divorce: frequently asked questions
What are the grounds for divorce in Canada?
Under the federal Divorce Act, the only ground is breakdown of the marriage. It can be shown by living separate and apart for at least one year, by adultery, or by physical or mental cruelty. Most divorces are based on one year of separation, and you can start the application before the year is over.
Where do I apply for a divorce in Ontario?
Divorces in Ontario are granted by the Superior Court of Justice. At least one spouse must have been habitually resident in Ontario for at least one year before the application is started.
What is the difference between a simple, joint and contested divorce?
A joint application is made by both spouses together. A simple application is made by one spouse asking only for a divorce. A contested divorce is one where the court is also asked to decide issues such as parenting, support or property because the spouses have not agreed.
When is a divorce final?
A divorce order generally takes effect 31 days after it is made, unless there is an appeal. After that, you can get a certificate of divorce, which you need before you can remarry.
Do I need a divorce to settle parenting, support and property?
No. Separated spouses can settle these issues in a separation agreement without a divorce. A divorce is needed only to end the marriage legally, for example to remarry. Note that some deadlines, such as the time to claim equalization of property, are linked to the date of divorce.
This is general information about Ontario family law, not legal advice. Every situation is different. Speak with a lawyer about your circumstances.
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