The Divorce Act
Our divorce lawyers in Toronto can assist you with your divorce. The Divorce Act is the law which governs divorces in Canada. Wherever you live in Canada, the process of getting a divorce is the same.
If you are currently married and wish to re-marry, you will need to obtain a divorce first. In order to obtain a divorce, you must apply to the family court for divorce. Not all courts will accept your applications for divorce. You must specifically apply to the Superior Court of Justice with an application for divorce. The application can be filed on your behalf by our office, seeking a divorce. If there are other issues such as custody, access to children, child support, spousal support, or property division that have not been dealt with, a divorce does not resolve those issues, you need to ask the court to decide about these issues in addition to the issue of divorce.
If you have been served with a divorce application that just seeks divorce, but any issues of custody, access to children, child support, spousal support, or property division are outstanding and have not been dealt with by way of a separation agreement, you need to speak with a lawyer immediately as a Court Order for divorce may have consequences on your future claims related to some of these issues.
Applying for a Divorce
When you apply for a divorce, you need to demonstrate that your marriage has broken generally by demonstrating that you have been living separate and apart for at least 12 months. You can be deemed to be separated even if you live under the same roof.
In some cases the Courts will shorten the 12 month period if you or your spouse has committed adultery or your spouse has been physically and mentally cruel.
Divorces from other countries are accepted in Ontario if one of the spouses resided in the foreign country for at least 12 months before the Order for divorce was received in the foreign country. In order for our divorce lawyers Toronto to assist you, we would need a certified copy of your foreign divorce order that has been translated by a certified translator. You will need an opinion from a divorce lawyer Toronto which validates your foreign divorce before you can apply for a new marriage certificate.