Divorce is the process through which a marriage can be legally dissolved. To obtain a divorce in Canada, you must prove that there has been a breakdown of the marriage, which can be proved by one of the three following “grounds for divorce”, found in the Divorce Act:
1. the spouses have lived separate and apart for at least one year;
2. one of the spouses has committed adultery; or
3. one of the spouses has subjected the other to mental and/or physical cruelty.
The vast majority of Canadians use separation to prove marriage breakdown. That means you must live separate and apart from your spouse for at least one year prior to obtaining a divorce.
Canada has no-fault divorce, which means that generally the reason for the divorce will have no impact on the issues of custody, access, support or the division of assets and debts.
The lawyers at Actus Law Droit will assist you in understanding your rights and obligations relating to your divorce and will help you in moving your case forward to resolution.