Obtaining a Divorce in Ontario can only be done through the Superior Court of Justice or Unified Family Court. A Divorce simply means the termination of the marriage. In Canada, spouses can obtain a divorce on one of the following grounds:
- The spouses have lived separate and apart for at least one year (most common ground);
- The spouse against whom the divorce is brought has (during the marriage):
- Committed adultery, or
- Treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
The Divorce is separate from other issues in a separation/divorce such as support issues, custody/access, and property division, but the Divorce can be added to the litigation of those issues. One spouse can ask for a divorce or both spouses can apply for a joint divorce.
The Divorce, ideally, should be the final issue that is resolved after the spouses have entered into a proper Separation Agreement dealing with the other issues such as child support, spousal support parenting and equalization/property division, or the Divorce should be made part of the court case dealing with those issues. If you try to get a divorce before resolving these other issues:
- A court may deny the divorce if proper child support arrangements have not been made;
- If you are divorced, the family home may no longer be a matrimonial home and rights of possession and other rights may be lost;
- You could be decreasing the amount of time for you to resolve the issue of equalization (i.e. property division in a marriage) before your claims terminate due to a limitations issue (i.e., limitations mean you have run out of time to make your claim).
To obtain a Divorce only with one of our Divorce Lawyers, Chapman McAlpine Law charges a one-time flat fee of $1,350.00 which includes court costs/fees and HST. Please contact us today if you would like us to represent you in your Divorce.