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Marital Dissolution In Canada

Are you considering divorce in Canada? Deciding to dissolve a marriage is challenging, and dealing with the legal system may be stressful. So, we’ve put together this article on marital dissolution in Canada to help you understand what to expect.

In Canada, divorce is governed by federal law, specifically the Divorce Act. This act sets out the grounds for divorce, the process for obtaining a divorce, and the rules around child custody, support, and property division.

The most crucial fact to understand is that you must remain married for at least a year before filing for divorce. This is true even if both parties agree to the divorce.

The grounds for divorce in Canada are also important to understand. First, you can get a divorce if you prove there has been a breakdown in the marriage. This can be demonstrated in one of two ways: by living separate and apart for at least one year or by showing that there has been adultery or cruelty.

Once you have met the requirements for divorce, you can file an application for divorce in your local court. The process can be complex, and having a lawyer assist you is often helpful. You will need to provide information about your marriage, including details about your children and your financial situation.

Child custody, support, and division of property are also important considerations when getting a divorce in Canada. Based on the child’s best interests, the court will make decisions considering the child’s age, needs, and relationship with each parent. Division of property is governed by provincial law. It will depend on factors such as the length of the marriage, each party’s contribution to the wedding, and the property’s value.

Marital dissolution is a complex process, and it’s important to have accurate information to guide you through it. Remember, seeking help and support during this challenging time is okay.