Divorce

In Canada, the vast majority of couples are divorced on the grounds of marriage breakdown as evidenced by a one year separation.

You can obtain a divorce on the grounds of adultery or cruelty. However, you then have to prove the adultery or cruelty, often at a hearing as the other spouse usually does not consent to a divorce on these grounds. This can make the process more difficult and expensive so it is usually advisable to wait the year then proceed with the divorce.

The word “Divorce” gets all of the press but it is not a critically important issue. All that it really means is that you are no longer married to your former spouse.

We have to be careful as a divorce can affect other issues. For example, you can stay covered on most health plans while you are separated but not after a divorce.

When you are negotiating the terms of a separation agreement I find it helpful to also negotiate the divorce. What will be the grounds for the divorce? Who will apply? Who will pay? By dealing with the issue in advance it reduces the potential for conflict later.

I have clients who call me and say they have been served with a court application. They are anxious. I review it and it is just a divorce claimed. However, sometimes costs for the divorce are claimed. Or, a divorce application may get one party talking to a lawyer about other issues that are bothering that person so the divorce can result in one party trying to update a separation agreement e.g. get more child support etc.

If you contact our office we can give you a flat rate quote for a divorce.
Phone 613-596-2424