Everyday we get a lot of questions about divorce. There are many Marriage frauds in Canada and after a partner finds out they want a divorce or due to any other reason. There is a proper legal process that they need to follow. In this video, Mr- Joban Gill has explained about this process in detail.
You need to apply to a court for a divorce.
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. (See the exception to this rule for certain non-residents who married in Canada)
Grounds for Divorce
Canada has no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:
You have been living apart for one year or more.
Your spouse has been physically or mentally cruel to you.
Your spouse has committed adultery.
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.
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