For most people, divorce is a difficult process emotionally and legally; knowing the laws governing divorces in Ottawa can help anyone going through this troubling time, explains Divorce Lawyer in Ottawa. Continue reading this article to learn more about Ottawa divorce laws, including who can apply for a divorce in Ontario, the legal grounds for divorcing an abusive spouse, and the general basis of dissolution or separation among consensual married couples.
When Are You Eligible for a Divorce in Ottawa?
To file for divorce in Ottawa, you need to satisfy a few conditions.
- Residency Requirement: One of the spouses has to have lived in Ontario for one year before filing the divorce application.
- Validity of Marriage: In Canada, the marriage must have official recognition. As long as they abide by the rules of the country in which they were done as well as Canadian federal legislation, this covers civil and religious weddings that are performed in Canada or elsewhere.
Grounds for Divorce
In other words, there are three grounds for divorce under the federal Divorce Act:
- Separation: A year or more of separation is the most typical reason for divorce. Before a divorce is granted, the couple must live apart for a minimum of a year. After being separated, they can petition for divorce, but the formal decree won’t be sent to them until after the full year has passed.
- Adultery: If a spouse is guilty of adultery, then she or he can file for divorce after acquiring evidence. The spouse in question claiming adultery would have to prove evidence or that an affair took place.
- Cruelty: Courts can allow a divorce on grounds of cruelty either physical or mental, but the claimant should prove with evidence that it is impossible to continue living together. The abuse has to have been documented
The Divorce Process
These are the most common steps in an Ottawa divorce.
Either spouse (the Applicant) starts the process by filing a divorce application with an Ottawa Superior Court of Justice It can be a joint application if both spouses agree to the divorce. The other spouse, or respondent, must receive the divorce papers from the petitioner. To guarantee correct service, this can be completed in person or by mail while adhering to certain guidelines. They have 30 days (or 60 days if outside Canada or the United States) to answer. They can either choose to comply with the conditions of divorce or contest them. If there are disputes over areas such as child custody, support, or property distribution the court may encourage agreements to be reached through mediation or alternative dispute resolution methods.
Court: Such cases can move forward to court if all disputes remain unsettled. Each party will then evidence and legal arguments to provide before the court for issues that are in dispute.
Final Divorce Order: The court will provide a final divorce order following the resolution of all disputes and satisfaction of all conditions. 31 days after the order is given, the divorce becomes final.
When it comes to divorce, understanding the divorce laws in Ottawa is essential for anyone who might be considering a separation or going through one. Individuals who know the conditions that they need to fulfill and have some idea about why a divorce happens can be better prepared for what is going to happen down the line, with full knowledge. Consulting with experienced legal professionals can also help ease some of this burden and ensure that a divorce settlement is fair for all parties.