Divorce Act is the federal law that governs all divorces in Canada and so it is imperative that you follow its provisions if you want to get divorced in Canada. This act requires you to show that the marriage is in shambles prior to the filing of the divorce application. Such breakdowns can be attributed to two main reasons. It could be a marital offence on the part of one of the spouses or their separation for at least an year with the assumption that the marriage has indeed broken down. Other possible reasons are: your marriage partner has committed adultery and you are quite unwilling to forgive or he/she has made it impossible to go on living together because he/she was cruel to you both mentally and physically. Cruelty could be construed as being physically violent or as causing acute mental distress.
What else should you do to qualify to get divorced in Canada? First of all you should be legally married either in Canada or any other country. You propose to separate yourself permanently from your spouse believing that there is hardly any possibility of your getting back together again; or you are already separated from your spouse and do not intend to live together again. Also, both the spouses must have been residents of a Canadian state or territory for at least one year, before applying for divorce. However it is not necessary for you to be a citizen of Canada before putting in your application for a Canadian divorce.
When trying to get divorced in Canada, it is always better to speak to a lawyer familiar with family law. Such a divorce lawyer can explain to you how the law applies to your particular situation and also how to protect your rights. You can come to a decision after this. The next step is to fill out the relevant forms for your territory or province. If you have got yourself the services of a lawyer, he/she will fill out the forms for you. The forms can be had from government bookstores, private bookstores and even from the internet. In certain areas, they can also be had from family law information centers and court houses.
You have to include certain information while filling out the forms. If the marriage has produced any children, it is necessary to fill in the parenting arrangements which include financial support. If such arrangements are in dispute, you have to describe the kind of arrangements that you are seeking. Once the forms are completed, you file them at the courthouse along with the necessary court fees. Then follow the court rules and legal procedures applicable to your own state of territory.
After the court receives the legal forms, a date will be set for trial; during this trial you got to clarify your case before the court. If necessary, you can call in witnesses to prove your case. The judge will make a decision on those issues the spouses cannot come to an agreement. Then the court reviews the information furnished by you to ensure that you have complied with the legal requirements of the divorce and allow a divorce. The judgment comes into force only after 31 days have elapsed after the judge signs the divorce order. Then it is time for you to apply for a Certificate of Divorce which you need if you ever want to get married again in Canada.
Find out more about how to get divorced in Canada.
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