Experienced Divorce Lawyers
Divorce, separation, and the legal matters involved can be difficult and stressful on those involved. Our goal is to make the legal process easy, clear, and stress-free on you.
There is only one ground for divorce in Canada namely that the marriage has irretrievably broken down. This can be proven one of three ways, the most common of which is that the spouses have lived separate and apart for more than one year. The other two methods to show the break down are cruelty and adultery. In terms of the issues arising from marriage breakdown, a divorce is usually the least contentious. The issues corollary to a divorce, namely property, custody of children and support are usually far more contentious.
If the other issues such as the children’s parenting schedule, support and property division have been resolved and a separation agreement has been signed, the divorce may proceed on an uncontested basis. The uncontested divorce process takes approximately 5 months and a Judge cannot grant the divorce based on one year separation until the one year has passed. Judges are also statutorily obligated to confirm that the Child Support Guidelines are being adhered to prior to the granting of a divorce.