Life has its ups and downs, no doubt. Sometimes what we plan for doesn’t work out the way we hoped for, due to reasons that may be beyond our control. As it happens, sometimes marriages fail, leading to divorce.

Such cases often involve a lot of emotion, bitterness, frustration and even tension. Though we hope that all your marriages will be happy, below is what you need to know about divorce:

• Divorce ActIn Canada, we have no-fault divorce, under the Divorce Act. In that, the ground on which you file for divorce is marriage breakdown. It includes those who:
  • Spouse has been treating them cruelly, mentally or physically
  • Spouse committed adultery
  • Have been living apart from their spouse for at least one year

  As human beings, it is common for us, to want to mend what is broken. If you have separated and are trying to reconcile, you can live with your spouse for a maximum of 90 days. You can do it before or after applying.

  If the reconciliation efforts don’t work, you can continue with your action for divorce.

• Filing the ApplicationEach province and territory is responsible for the divorce processes of persons living in it. It implies that you have to follow the procedures that apply in your area, in filing a divorce. Get a lawyer to advise you on what to do, and what document to fill.

  Before deciding on going to court, you can try alternative solutions such as meditation. It is best if you can agree with your partner on the issues that arise from divorce. That includes child support, property issues, custody of the children, etc.

  Taking your case to court may be expensive, stressful and takes time. Consult with your lawyer, on the ideal path to take.

• General RuleThe following criteria apply to those contemplating divorce in Canada. For you to divorce, you should:
  • Be in a marriage recognized in Canada
  • Breaking down of marriage

  Where you apply for divorce, should be a Canadian region where you or your spouse lived, for a year, before making the application. It is essential to get yourself a lawyer before applying for a divorce. He or she will advise you on how the law applies to your situation.

  He will also inform you of your rights and responsibilities. Contact our trusted lawyers from Ambwani Law to help you move on from this heartrending situation, with professional guidance and representation.