In Canada, there is a no-fault divorce system. The only ground for a divorce in the Divorce Act is a marriage breakdown. Pursuant to Section 8 of the Divorce Act, couples can prove the breakdown of their marriage if any of the following criteria apply:
- You have been living apart for one year or more.
- Your spouse has been physically or mentally cruel to you; or
- Your spouse has committed adultery.
If you apply for a divorce based on a one-year separation, you can live together for up to 90 days after filing to reconcile. If you are unable to reconcile, you can continue your action for divorce as if you had not spent the time together.
For financial purposes, couples may choose to separate while living in the same house. In an effort to prove that the parties were in fact separated, the courts may consider whether the parties, during their one-year separation, were: (1) intimate together; (2) sleeping in the same bed; (3) presenting themselves as a couple in social circles; or (4) planning on attending marriage counselling. These factors, while non-exhaustive, assist the courts in determining a breakdown in the relationship or whether there is hope for reconciliation in the future.
To start a divorce application, parties must provide a copy of their original marriage certificate and a completed Form 8A (Application for Divorce). The applicant must file their materials to the appropriate courthouse which can be found on the Ministry of the Attorney General website. Only a Superior Court of Justice or a Family Court of the Superior Court of Justice can make a Divorce Order. It is important to note that along with lawyer fees, there are additional filing costs from the courthouse that you are obligated to pay to issue the divorce application.
At Blackburn Lawyers, we strive to provide efficient and effective services for every family law matter. If you and/or a loved one has any questions about commencing an application for divorce, please contact our family law lawyers today.
Disclaimer: This blog sets out a variety of information relating to law that is to be used for educational purposes and is not legal advice for your matter. The author does not intend for this blog to be a source of legal advice.
Written by Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
