A divorce is among the most difficult situations you will go through in life. However, learning about the divorce laws and knowing what to expect in court may help to make the process go a little smoother.
Grounds For Divorce
Before filing for an Ontario Divorce, you must have grounds for divorce. Canada’s Divorce Act allows for three grounds: Cruelty, adultery and living apart from each other for at least one year.
Most people decide to divorce on the one-year separation ground. Under this basis for divorce, couples have to show that it was their intention to live apart because they can no longer live together. When divorcing due to cruelty and adultery, most people can show proof that their spouses committed adultery or were so mentally or physically cruel that they could no longer live with them.
Meeting With Your Attorney
After finding an attorney to handle your Ontario Divorce, do not be surprised when he or she discusses the possibility of reconciling with your spouse. The Divorce Act requires attorneys to discuss this subject with their clients. So, be prepared to tell your attorney why you believe your marriage has broken down and needs to be dissolved. If, on the other hand, you or your spouse show any sign of, or hint at, reconciliation during any stage of the divorce proceeding, the judge will adjourn the case to give you and your spouse time to discuss reconciling or seek marital counseling.
If you have minor children, your attorney is also required by law to advise you of negotiating child custody and child support with your spouse. Child custody, child support and visitation rights are among the most highly contentious and time-consuming matters in divorce proceedings. Couples who try to handle their divorce amicably usually opt for joint custody or shared custody. Joint custody allows both parents to share custody of the children. Shared custody is when both parents spend at least 40 percent of the time with the children. Your attorney will discuss all forms of custody available to parents under the law. One fact to remember is the judge handling the divorce will focus on what is in the best interest of your children.
Filing the Papers
Once again, Canada’s family law stipulates the next step in the divorce process. An application for divorce and a financial statement must be obtained and filled out. The documents must also be formally served to your spouse by a process server or they can be sent to your spouse’s attorney. After that, your spouse has 30 days to respond to your application. From there, expect your attorney to have negotiations with your spouse’s attorney until both parties reach a settlement. If a settlement cannot be reached, both parties may decide to take the unresolved issues to trial, which once again, will make the divorce more costly and time-consuming.
When your Ontario Divorce is completed, it is time to turn the page and move forward with your life.
This post is provided by http://www.bermanbarristers.com/. We specialize in family law and are here to help those seeking a divorce.