A divorce is the termination of a marriage by a legal process. A divorce can be contested or uncontested. In an uncontested divorce, both parties agree to the divorce terms and sign a separation agreement. If there are disagreements about child custody, support, or property division, the divorce will be considered contested.
What is a Divorce?
In Ontario, a divorce can only be Court Ordered. However, this does not necessarily mean that parties must “go to court”. Where the spouses can reach an agreement by way of a legally binding Separation Agreement, an uncontested divorce can be filed, and is a simple process that does not require anyone’s attendance at court.
If you are considering getting divorced, it is crucial to speak with a family law lawyer to understand your rights and obligations under the law. A family law lawyer can help you negotiate an agreement with your spouse or represent you in court if the divorce becomes contested.
If you are considering a divorce, contact us today to speak with one of our experienced family lawyers. We will guide you through the process and protect your rights and interests.
What is Separation?
Separation is the initial step in ending a marriage.
A separation agreement between both spouses outlines how they will live separately and deal with property, support, and custody issues. The agreement must be signed by both parties and filed with the court.
What’s the Difference Between Divorce and Separation?
A separation occurs when one spouse has a settled intention to end the marriage, and there is no reasonable possibility of reconciliation. A divorce legally terminates a marriage. In almost all cases in Ontario, spouses need to be separated for a period of one year prior to applying for a divorce. For this reason, many spouses will resolve the issues arising from their separation by way of a Separation Agreement.
Marriage vs Common Law in Ontario
There are two types of relationships in Ontario – marriage and common law relationships – and whether or not someone is legally married can affect their legal rights.
Marriage is a legal relationship between two people who have committed to each other through a marriage ceremony. To be married in Ontario, you must have a marriage license from the province.
Common-law couples are those who live together without getting legally married. What constitutes a common law relationship in Ontario depends on the definition being used. For example, for tax purposes, spouses only need to be residing together for a period of 12 months. However, for family law purposes, this definition is different.. Common-law couples have some of the same rights and obligations as married couples. However, there are significant differences in the rights of married spouses versus common law spouses. Common law spouses can protect their rights in other ways however, for example, by entering into a cohabitation agreement.
Have More Questions About Your Divorce or Separation?
If you are considering a divorce or separation, schedule a consultation with us today.
Our lawyers have years of experience helping clients resolve their divorces through mediation or litigation. We understand that this can be a difficult time, and we will do everything we can to help you get through it as smoothly as possible.
