The only way to legally end your marriage in Canada is to make an application for divorce. The Divorce Act is a federal statute which governs divorces in Canada.
Canadian law recognizes three grounds on which you may apply for a divorce:
- A one-year separation
- Physical and mental cruelty
A one-year separation is the most common ground used as it is typically the easiest to prove.
A divorce may be complicated and tied with contested issues of support, custody and property or division or it may be a simple divorce in which both parties jointly file a divorce application. Both avenues have very specific procedural rules which must be followed. Our team at Goldstone Lawyers Professional Corporation will assist with navigating you through this process and making you aware of your rights and obligations.
If you and your spouse have been separated for one-year, and your application for divorce does not include any other contested issues, the whole process can usually be completed within three to six months.
If your application includes other claims, such as custody or access, property division or support, the resolution of your case will depend upon the complexity of the issues and the ability of the parties to agree on some or all of the issues amongst themselves.