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4 Common Faqs About Divorce In Canada

As navigating through a divorce is challenging, you may have a lot of doubts about the procedure. However, keep in mind that the purpose of this article is to provide general information to all your problems. As every province in Canada has different rules, it is vital you ask for professional legal advice. Here are four common FAQs about divorce in Canada:

Can I get a divorce, even if I am not a Canadian citizen?

Yes, even if you are not a Canadian citizen, you can still apply for divorce in the country. At the same time, where you got married with your spouse doesn’t introduce any implications. However, it is essential that you and your spouse have been living in one of the provinces in Canada for at least a year, to be eligible for divorce.

If my spouse committed cruelty or adultery, will I get more from the divorce?

It is quite common to assume that if your spouse committed cruelty or adultery, you should get more from the proceedings. While it is true that these are legal grounds for divorce, it doesn’t mean the court will favor you, over your partner. The courts in every province will hold a fair trial to determine, various aspects of the divorce case.

Is it necessary to get a lawyer for divorce?

No, it isn’t necessary that you have to get a lawyer to file for a divorce. However, due to the difference in laws and how each province handles divorce cases, it is always better to obtain legal advice. Also, when you have to with property division and child custody, a lawyer will always protect your rights.

What if my spouse doesn’t want a divorce?

There will be times when your spouse doesn’t want to divorce, despite it being clear that your marriage won’t work. Fortunately, in Canada, you can still fill for one, even if the other party doesn’t believe in the same.

Unless there were acts of cruelty or adultery in your case, you only need to be separated from your spouse for a year to apply for a divorce. The only way your partner can object is if he/she has a legitimate reason. Also, there are two types of divorce – contested and uncontested. In the former, you and your spouse haven’t come to a mutual agreement to separate legally, while the latter is the opposite.

Hopefully, these four common FAQs solved all the doubts you have on divorce. If you want more information about this topic, feel free to go through our website!

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