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How To Get A Divorce In Canada?

When you have tried everything you can imagine to save your marriage, but it ends up failing, the only option remaining is to file for divorce. In Canada, when you want to legally separate from your partner, it comes under the Divorce Act.

Criteria for eligibility

To be eligible for divorce, you need to meet the following criteria:

  • You and your spouse got married legally in Canada. If you married in another country, Canada should recognize the marriage.
  • Your marriage won’t recover as it broke down.
  • You and your partner have been living in one of the provinces of Canada for a minimum of 12 months or one year.

However, there is an exception to these requirements.  For example, if you or your partner aren’t residing in Canada, the Divorce Act doesn’t apply in your situation. Due to this reason, you can nullify your marriage under Civil Marriage Act. To be eligible for divorce under this law, you need to meet the following requirements:

  • Your marriage took place in Canada
  • You cannot end your marriage as you, or your spouse is living in another country, which doesn’t recognize your legal union.

Grounds for divorce

There are three grounds for divorce under Canadian laws:

  • Adultery

If your spouse had sex with another individual while married to you, it is known as adultery. You can file for divorce if this applies to your situation.

  • Cruelty

If you face mental or physical cruelty, which makes it impossible to live with your spouse, you can get divorced. These problems can arise from uncurbed drug use, continual verbal abuse, violence, and drunkenness.

  • Separation

When you lived apart from your partner for a minimum of one year, you can get a divorce. However, due to circumstances such as financial or family difficulties, you might choose to live with your partner. In this situation, it is essential you have evidence of your separation.

If your partner committed acts of adultery or cruelty, you need to provide proof, for your claim to be eligible in court.

How to apply for divorce?

Depending on where you live, you can visit bookstores, courts, or office/website of your province to obtain application forms for divorce. As the documents required, procedures followed, and administering the divorce is different for every territory, it is essential you ask a lawyer to handle your case. It’ll reduce your workload, making it easier to handle the situation.

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