How To Get A Divorce In Canada

Understanding Divorce in Canada: A Compassionate Introduction

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

• You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
• Your marriage has broken down.
• You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application.

If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days, either before or after you file the application, to try to reconcile. If things do not work out you can continue your action for divorce as if you had not spent the time together.

Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.

The basics of divorce law in Canada: grounds for divorce and federal vs. provincial regulations

In Canada, the legal framework governing separating couples and divorce is a complex interplay between federal and provincial statutes.

The Divorce Act, a federal law, establishes the grounds for divorce while provincial and territorial laws govern the process and ancillary matters such as child custody, support and property division.

The grounds for divorce under the Divorce Act are relatively straightforward: marriage breakdown, which can be evidenced by separation for at least one year, adultery or physical or mental cruelty. Once a divorce is granted, the court may issue orders regarding child custody, support and property division, taking into account factors such as the best interests of the child, the financial circumstances of the spouses and the contributions made by each spouse to the marriage. These orders are typically enforced by provincial or territorial family courts. As discussed below, it is preferable to have issues other than the divorce itself settled in an agreement between the parties instead of having the court determine how those issues will be resolved.

A divorce dissolves the matrimonial bond only, thereby freeing up the spouses to re-marry if they choose to do so. A divorce order does not, unless otherwise specified by the judge making the order, deal with other issues such as property division, custody of children or support issues.

These issues should be resolved by agreement which, if signed by both parties, is a contract and legally binding on the signatories to the agreement. There is no requirement to go to court and, frankly it is far better for a number of reasons, to deal with these ancillary issues by way of agreement. Going to court can result in delay, it can be stressful and, the final result is an order imposed by a complete stranger, a judge!

In Canada, the company “Staples” has a “Divorce Kit” which contains a CD with all the forms you need to process your own divorce and comes with a booklet that explains, in plain English, the step-by-step instructions you need to complete the necessary forms and handle your own divorce application. You can save a lot of money, if you are willing to spend a couple of hours completing the paperwork on your own, instead of having a lawyer or paralegal do the work for you.

Acknowledging the emotional and psychological impact of divorce proceedings

Divorce proceedings can be an emotionally and psychologically taxing experience for all parties involved. The dissolution of a marriage often brings about a range of intense emotions, including grief, anger, sadness and uncertainty. The legal and financial aspects of the divorce can also add to the stress and anxiety associated with the process.

It is important to acknowledge and address the emotional and psychological impact of divorce proceedings to promote healing and well-being. Seeking support from family, friends or mental health professionals can be beneficial in navigating the challenges and emotions that arise during this difficult time. Seasoned legal counsel can help you to navigate the issues and can refer clients to other sources of support.

Importance of familiarizing yourself with the legal requirements for a smoother process

I have always believed that an educated client was a better client. Accordingly, I do my best in my practice to familiarize my clients with the applicable laws and the legal process in easy-to-understand language. No legalese!

Familiarizing oneself with the legal requirements of divorce can significantly enhance the smoothness and efficiency of the process. Understanding the legal framework governing divorce empowers individuals to make informed decisions, navigate the legal system effectively and protect their rights at the same time.

Knowledge of the legal requirements enables individuals to gather necessary documentation, comply with court procedures and address any potential legal complications. By being well-versed in the legal aspects of divorce, individuals can actively participate in the process, communicate effectively with their legal counsel and work towards a mutually beneficial resolution.

Moreover, being aware of the legal requirements helps individuals anticipate potential challenges, plan accordingly and minimize the emotional and financial toll often associated with divorce. By thoroughly understanding the legal landscape, individuals can navigate the divorce process with greater confidence, clarity and control, ultimately leading to a smoother and more manageable experience.

Navigating the Legal Process: Step-by-Step Guide to Filing for Divorce

Preliminary steps: Making the decision and discussing with a lawyer or legal aid

When contemplating divorce, it’s crucial to carefully consider the decision and its potential consequences. Seek support from friends, family or a therapist to help process your emotions and gain clarity.

Once you’re confident in your decision, it’s essential to consult with a lawyer or legal aid service. Experienced counsel can provide valuable guidance on the legal aspects of divorce, including the division of assets, child custody arrangements and child and spousal support. Understanding your rights and options can help you navigate the divorce process more effectively and protect your interests.

Preparing and filing divorce papers: Understanding the documentation

Preparing and filing divorce papers involves a series of steps and requires specific documentation. The process can vary depending on the jurisdiction and the specific circumstances of the divorce.

Generally, it begins with filing a petition for divorce, which outlines the grounds for the divorce and requests the legal dissolution of the marriage. Supporting documents may include a marriage certificate, proof of residency, financial statements, and any prenuptial or postnuptial agreements. In some cases, a parenting plan or property division agreement may also be required.

Once the petition and supporting documents are filed, the court will review them and may schedule a hearing to finalize the divorce. It’s crucial to consult with legal professionals to ensure that all necessary documentation is properly prepared and filed to facilitate a smooth and efficient divorce process.

The Divorce Act is a federal law, but the provinces and territories are responsible for the processes for getting a divorce. You need to fill out the right forms for your province or territory and file them in a court. Or, your lawyer can do this work for you. You must follow the rules of the court that processes your divorce. You may also have to pay an application fee.

It is always a good idea to get legal advice before you apply. A lawyer can tell you about your rights and responsibilities and explain how the law applies to your situation. He or she can also explain what other documents you may need to give the court.

Depending on your province or territory, you might be able to get divorce application forms and information from:

• the website or office of your provincial or territorial Ministry of Justice or Attorney General
• courts
• bookstores (Staples).

It is better by far if you and your spouse can agree on major issues such as child support, custody and parenting arrangements, spousal support and property issues before you apply for a divorce. If you cannot agree, you can ask the court to decide. But if you do that, your divorce may take longer to complete. It will probably also be much more expensive and stressful for you and your family if the court has to make these decisions for you.

Service of documents: Ensuring the spouse receives the paperwork

In the context of legal proceedings, service of documents refers to the formal delivery of legal papers to ensure that the intended recipient receives them. This is particularly relevant in cases involving spouses, where one spouse may need to serve the other with legal documents related to divorce, child custody or other family law matters.

Proper service of documents is crucial to ensure that both parties are aware of the legal proceedings and have the opportunity to respond accordingly. It also helps maintain the integrity of the legal process and upholds the rights of all parties involved.

Financial considerations and division of property: Working towards equitable solutions

Navigating the intricacies of financial considerations and division of property during a separation or divorce requires a comprehensive approach that prioritizes fairness and equity. It involves a thorough examination of both parties’ financial circumstances, including assets, debts, income, and expenses. The goal is to achieve a just and equitable distribution of marital property, ensuring that both parties have the resources they need to maintain their financial stability and well-being.

This process often entails the valuation of assets, including real estate, investments and personal property as well as the determination of marital versus separate property. It also addresses issues related to spousal support, child support and the division of debts and liabilities.

Effective communication, transparency and the willingness to compromise are crucial in reaching mutually acceptable solutions that safeguard the financial interests of both parties and minimize the emotional and financial toll of the separation or divorce. Seeking the guidance of qualified professionals, such as financial advisors, accountants and legal counsel, who can provide invaluable assistance in navigating these complex matters and ensuring a fair and equitable outcome.

Child custody and support: Prioritizing children’s well-being in agreement

In the realm of family law, child custody and support agreements hold paramount importance in ensuring the well-being and stability of children following the separation or divorce of their parents. These agreements encompass a comprehensive range of decisions, including the allocation of parental responsibilities, visitation rights and financial support for the child’s upbringing.

The primary objective of these arrangements is to safeguard the child’s best interests, fostering a nurturing and supportive environment that promotes their physical, emotional and psychological development. Central to this endeavor is the recognition that children thrive in environments where they feel loved, secure and connected to both parents.

Thus, child custody and support agreements strive to maintain meaningful relationships between the child and each parent, while also addressing the practical and financial aspects of co-parenting. These agreements serve as a legal framework that guides parents in fulfilling their responsibilities towards their child, ensuring that the child’s needs are met and their rights are protected.

Attending court sessions, if necessary: What to expect during the hearings

Attending divorce court sessions can be an emotionally charged and challenging experience. It’s essential to be prepared for what to expect during the hearings to navigate the process effectively. The initial step involves filing a petition for divorce, which outlines the grounds for the separation and requests specific legal outcomes, such as child custody, spousal support and property division.

Once the petition is filed, the court schedules a series of hearings to address various aspects of the divorce. These hearings typically involve the presentation of evidence, witness testimonies and legal arguments by both parties’ attorneys. The judge presiding over the case evaluates the evidence and makes decisions based on the applicable laws and regulations.

Throughout the hearings, it’s crucial to maintain composure, adhere to court rules and procedures and actively participate in discussions related to the terms of the divorce. Seeking guidance from legal counsel can help individuals understand their rights, responsibilities and options during the divorce proceedings, ensuring a fair and just resolution.

Rebuilding After Divorce: Moving Forward Positively in Canada

Embracing change: Adopting a positive outlook for the future

Divorce, while often a painful and challenging experience, can also be a catalyst for personal growth and transformation. Embracing change after divorce involves adopting a positive outlook for the future, recognizing the opportunities that lie ahead and taking proactive steps to rebuild one’s life.

It is important to grieve the loss of the marriage and allow oneself to experience the emotions that come with it, but it is equally crucial to focus on the future and the possibilities it holds. This can involve setting new goals, exploring new interests and surrounding oneself with supportive friends and family.

It is also essential to practice self-care, prioritize physical and mental well-being and seek professional help if needed. By embracing change and cultivating a positive mindset, individuals can navigate the challenges of divorce and emerge from the experience stronger, more resilient and ready to embrace the future with hope and optimism.

Parenting post-divorce: Maintaining a stable and healthy environment for children

Parenting after divorce can be a challenging and emotional experience, but it is crucial to prioritize the well-being and stability of the children involved.

Co-parenting effectively requires civility, open communication, cooperation and a shared commitment to putting the children’s needs first. It is essential for both parents to maintain a respectful and civil relationship, even if they are no longer together. This means avoiding conflict and negative talk about the other parent in front of the children.

Some parents allow negative emotion to get the better of them and will openly disparage the other parent in the presence of the children. Such a parent has allowed the anger and bitterness that flows from a high-conflict separation to stand in the way of better judgement and the understanding that disparaging the other parent can, and usually is, emotionally traumatizing for the child or children.

A child experiencing this sort of trauma may suffer emotional damage which can be permanent, profound and difficult to treat. When this happens, children that have been victimized by such abuse often have difficulty in school and may develop behavioral issues which can lead to serious difficulties in later life.

It is important for parents to establish clear and consistent parenting plans that outline schedules, responsibilities and decision-making processes. Seeking support from family, friends or professionals can also be beneficial in navigating the challenges of co-parenting. By working together and prioritizing the children’s best interests, parents can create a stable and healthy environment for them to thrive, despite the changes in their family structure.

Financial management and independence: Advice and strategies for a new beginning

Embarking on a new financial journey requires careful planning and strategic decision-making.

To achieve financial independence, it’s essential to have a clear understanding of your current financial situation, set realistic goals and develop a comprehensive budget. Prioritize paying off high-interest debts, such as credit card balances, to minimize interest payments and free up more money for savings and investments.

Additionally, some may have to consider creating multiple sources of income through freelancing, part-time work or starting a side hustle to diversify income streams. Invest in yourself by acquiring new skills and knowledge that can enhance your earning potential.

Embrace a frugal lifestyle by reducing unnecessary expenses and making conscious purchasing decisions. Automate your savings by setting up recurring transfers from your checking account to your savings account, ensuring a consistent flow of funds towards your financial goals.

Regularly review your financial progress, adjust your strategies as needed and seek professional advice from financial advisors or online resources to optimize your financial management and achieve long-term financial independence.

Personal growth and self-care: Strategies to cope and thrive after a divorce

Divorce can be a life-altering experience, often accompanied by intense emotions, challenges and a sense of loss. Navigating the aftermath of a divorce requires resilience, self-care and a commitment to personal growth.

Strategies for coping and thriving after a divorce include prioritizing self-care activities such as exercise, healthy eating, control over one’s thought patterns and adequate sleep to maintain physical and mental well-being. Seeking emotional support from friends, family, or a therapist can help process and heal from the emotional turmoil.

Engaging in self-reflection and personal development activities such as journaling, meditation or reading self-help books can foster self-awareness and promote emotional growth. Setting boundaries, establishing a new routine and focusing on personal goals can help regain a sense of control and purpose.

Embracing self-compassion and forgiveness towards oneself and others involved, can facilitate healing and promote a positive outlook on the future. By implementing these strategies, individuals can navigate the challenges of divorce, foster resilience and embark on a journey of personal growth and self-discovery.

Did you know that you can process your own divorce in New Brunswick? Here’s the link:

https://familylawnb.ca/english/quick_links_doing_your_own_divorce

I hope that you have found this content useful. If you have questions or comments please feel free to put them in the ‘Leave a Reply’ section below. Finally, if you would like to be notified as updates are made to the content on this platform please enter your name and best email in the form below.

 Grant Rayner*

*Grant is a member of the Law Society of Ontario. He has permission from the Law Society of New Brunswick to practice as a visiting lawyer with the firm Langdon Law pending the transfer of his membership with the Law Society in Ontario to the Law Society of New Brunswick.

If you are separating from your spouse in the Upper St. John River Valley, call Grant at the offices of Langdon Law: 506.497.2560. Grant has been in practice for more than 39 years and has the experience, sensitivity and maturity to guide you through this difficult period in your life.