How to file for a Divorce in Ontario
If you are considering to file for Divorce, then you would need to apply to a court for a Divorce Order.
For you to Apply for גירושיןyou must meet the following criteria:
• You and your spouse must be legally married as per the Laws in Canada, or abroad.
• Your marriage broken down.
• You or your Spouse have lived in the Canadian for a full year immediately before making your application.
Grounds for Divorce
As per the Divorce Act, you do not have to show fault. In fact, The only ground for a divorce is marriage breakdown, which can be established in any ONE of the following situations:
1. Parties have separated for one year or more.
2. You were subjected to physical and mental cruelty.
3. Your spouse committed adultery.
If you want to try to reconcile or have made attempts to reconcile after your separation, you can still live together up to consecutive 90 days without affecting one year separation period. If things do not work out and you are unable to reconcile then you can continue your claim for גירושיןwithout affecting your one-year separation period. Conversely, if you have spent more than 90 days consecutively then you one-year separation would be discontinued.
Some couples may still be living under the same roof/house. Parties should contact a Divorce Lawyer Toronto to help them identify if they may be considered as separated in the eyes of law.