If you’re considering a divorce, the first steps you need to take will include applying for divorce in a Canadian court and establishing your legal grounds for dissolving your marriage.
You cannot move forward with your divorce unless you can prove that you meet the qualifying criteria and that your marriage has broken down, per Canada’s no-fault divorce policy.
It gets easier to take the steps needed to move forward with a divorce when you have a Toronto divorce lawyer on your side. Fortunately, our legal team strives to help people undergo the divorce process with as little friction as possible. We understand your situation and can help you tackle any challenges that come your way.
If you want to work with a team with over 250 years of combined experience and take the first steps toward your divorce, contact us today.
When Can You Apply for Divorce in Canada?
If you want to apply for a divorce in Canada, you need to apply to move forward with the process. You must also meet all of Canada’s qualifying criteria.
Couples interested in dissolving their marriages must specifically prove that:
- They were married under Canadian law or, if married outside of the country, have their marriage recognized by the Canadian government.
- The marriage meets the country’s no-fault divorce standards and has irrevocably broken down.
- One partner has lived in a recognized Canadian territory or province for a full calendar year prior to filing for divorce.
You can discuss whether or not you meet the criteria needed to divorce in Canada with our divorce lawyers. If you don’t meet the criteria outright, we can discuss what steps you can take to prove that you qualify or how you might improve your qualifications.
Identifying Grounds for Divorce in Canada
If you want to prove your right to divorce in Canada, you need to abide by the country’s no-fault divorce standards. Canada’s Divorce Act states that couples only have the grounds for divorce when they’ve suffered an irrevocable breakdown in their marriage.
You may have the right to apply for a divorce if you can prove that you and your partner have voluntarily lived apart for a year or more. You can also move forward with divorce proceedings if you have proof that a spouse cheated on you or abused you, be that physically, mentally, sexually, or financially.
Starting Your Divorce Application
We don’t recommend going into divorce proceedings without talking to an attorney. These proceedings can be complicated, in addition to emotionally fraught, and it’s worth your while to have an ally who understands the first steps to take if you’re considering a divorce.
Our legal team can break down what rights and responsibilities you have in the face of a divorce, and then help you secure the divorce application forms you need to move forward with the process. These are most often available online through the Ministry of Justice, though you can also get them from bookstores and Attorney General courts.
If it is safe for you to do so, you can use the time you spend completing a divorce application to discuss what kind of child support, alimony, and parenting arrangements you want with an ex-partner. Our attorneys can help these conversations progress smoothly. We can also protect you if negotiations don’t work out or put you in danger.
Divorce Lawyers Can Streamline Your Proceedings
You may not realize how emotionally challenging your divorce is until you’re in the thick of your proceedings. If you want to protect yourself and keep the process moving, lean on our legal team.
Divorce attorneys can ensure that you’ve taken the proper first steps toward a divorce, then go on to represent you as you discuss the financial aid you need to continue living a happy life. Our understanding of the law also makes it easier to choose a parenting plan and decision-making rights that suit your busy life.
We understand that you’re preparing to go through some of the hardest days of your life. We want to make sure that you come out of your divorce proceedings with the resources you need to rediscover yourself. You can discuss how you want us to use our skills to approach your case during a divorce assessment with our staff.
Mediation and Canadian Divorces
Canadian law does not require divorcing couples to undergo mandatory mediation before or during their divorce proceedings. While you may choose to do so, mediation is not a requirement.
However, amicable divorces tend to resolve more quickly than high-conflict ones. If you and your spouse both understand that there’s a need to end your marriage, productive conversations overseen by experienced attorneys can make it easier to divide your property, arrange a future for your children, and move your divorce forward.
You can discuss the pros and cons of mediation with our team as you proceed with your divorce.
Let’s Take the First Steps Toward Your Divorce Together
Wanting a divorce and proceeding with a divorce are two different things. You and your ex-partner can decide that you want to pursue a divorce, but you might not know how to start the proceedings. Fortunately, you don’t have to figure this process out alone.
If you’re considering a divorce, our lawyers can help you take your first steps. Working with a divorce attorney can alleviate your stress and make it easier to communicate your needs with your ex-partner.
At Russell Alexander Family Lawyers, our team brings over 250 years of combined experience to your case. We can help you apply for divorce, prove your right to divorce under Canada’s no-fault policies, and argue for the fair distribution of your shared property and decision-making rights. Contact us today to learn more about how you can move forward with your divorce.
