Sometimes, despite enough effort and good intentions, marriages fail. When that happens, a couple needs to sort important issues, so that the two people can move on with their lives. In the real world, divorces are seldom simple. Spouses often fight over issues such as assets, debts, child support, and child custody, only to drag the divorce process. If you have decided to end your marriage, hiring an Ottawa divorce lawyer would be a wise decision. Here are some basic aspects worth knowing about filing for divorce in Ontario.
Meeting in eligibility criteria
If you want to file for divorce in Canada, you must meet the eligibility criteria –
- You must have been legally married in Canada or any other country
- You want to separate permanently and have no intention of getting back together with your spouse.
- Either or both of you must have lived in Ontario (or the province in point) for at least a year before filing for divorce.
Grounds for divorce
In Canada, you can file for divorce without blaming your spouse. Just saying that the marriage has broken down is enough as a reason. If you and your spouse have lived separately for a year with an idea that the marriage is over, that is enough of a reason. Also, if your spouse has committed adultery and you cannot forgive the person, you can ask for divorce. Cruelty can a ground for seeking divorce too, including mental cruelty.
Do you need a divorce lawyer?
You can go ahead with the process on your own. First things first, fill out the divorce application and submit the same at an Ontario courthouse. If you are filing the divorce, you need to pay the court fees. However, a divorce is much more than that. One of the key reasons you need a divorce lawyer is ease the process. You want to minimize the time and effort, and an attorney can be immensely resourceful in that aspect. You definitely need a divorce lawyer in Ottawa, if
- You and your spouse have considerable marital assets
- You cannot decide on a separation agreement
- You and your spouse don’t agree on child custody
- You fear your spouse may harm you
Top divorce lawyers usually want clients to settle the matter outside of court. You need an attorney when you don’t expect much cooperation from your spouse. Your lawyer will also guide on your rights and protect your interests.
