Understanding The Grounds For Divorce
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Divorce is an unfortunate but sometimes necessary life event, and it’s important to understand the legal grounds required before making any decisions. In Canada, there are several legal grounds for divorce which include adultery, mental or physical cruelty, imprisonment of a spouse, impotence, and poor financial management of the family. No matter which ground is chosen in order to file for divorce, it’s important to understand the timelines associated with the process as well as how to properly provide evidence that meets the criteria. Being adequately prepared can help make this difficult time easier to manage.
Living separate and apart for at least one year
A divorce in Canada can be granted on the grounds of living separate and apart for at least one year. This means that the couple must have lived separately for at least 12 months before filing for divorce. The period of separation does not need to be continuous, but there must be evidence that the couple has been living separately for the required amount of time. Evidence may include separate residences, proof of financial independence, or other factors indicating that the couple is no longer living as if they were married.
Adultery
Adultery is another ground for divorce in Canada. Adultery refers to a sexual relationship between one spouse and someone other than the other spouse while they are still married. For this reason, adultery is usually used as a ground for divorce when the couple has been separated for less than one year and when it can be proven that one spouse has committed adultery. Evidence may include text messages, emails, photographs or eyewitness accounts of the adulterous acts.
Physical or mental cruelty
Physical or mental cruelty is another ground for divorce in Canada. This refers to a situation in which one spouse has subjected the other spouse to ongoing physical, emotional, or psychological abuse which has damaged their marriage beyond repair. To prove this kind of cruelty, there will usually need to be evidence such as medical records, statements from witnesses, and police reports.
Such other grounds as may be established by any other law in force in that province
Such other grounds as may be established by any other law in force in the province is another ground for divorce in Canada. This refers to a situation in which the grounds for divorce are established under provincial or state laws that are not included in Canada’s federal Divorce Act. In order to determine if this type of ground applies, it would be best to consult a lawyer and assess your individual situation.
Mental disorder as defined by relevant legislation in the province/territory of residence
Mental disorder as defined by relevant legislation in the province/territory of residence is another ground for divorce in Canada. This refers to a situation in which one spouse has been diagnosed with an ongoing mental disorder, such as psychosis or depression, and it has caused irreparable damage to the marriage. In order to establish this criterion, the spouse must provide evidence from doctors or psychiatrists that clearly demonstrates that their mental health is seriously impaired.
Alcoholism or drug addiction
Alcoholism or drug addiction is another ground for divorce in Canada. This refers to a situation in which one spouse has been diagnosed as having an addiction and this addiction has had a negative impact on the marriage or family. In order to establish this criterion, the spouse must provide evidence of their addiction, such as medical records or testimony from friends and family.
Habitual non-cohabitation for two or more years prior to filing for divorce
Habitual non-cohabitation for two or more years prior to filing for divorce is another ground for divorce in Canada. This refers to a situation in which the spouses have been living separately for at least two years and have not had any contact with each other during that time. In order to establish this criterion, the spouse must provide evidence of their separation, such as a signed declaration of separation or letters from family members or friends.
Desertion for a period of at least one year
Desertion for a period of at least one year is another ground for divorce in Canada. This refers to a situation in which the spouse left the marriage without any reasonable explanation and has not returned for at least one year. In order to establish this criterion, the spouse must provide evidence that their spouse was actually gone for an entire year, such as testimony from family members or proof that their spouse did not visit during that time.
Conversion to another religion without consent from spouse
Conversion to another religion without the consent of the spouse is yet another ground for divorce in Canada. This refers to a situation in which one spouse has converted to a different faith without the knowledge or consent of their partner. In order to establish this criterion, the spouse must provide proof that their spouse did convert, such as documentation from their new religious institution or statements from family members who witnessed it occurring.
Impotence
Impotence is yet another ground for divorce in Canada. This refers to a situation in which one spouse has been medically declared as impotent at the time of marriage and remains so throughout their marriage, without any chance of a cure. In order to establish this criterion, the spouse must provide medical evidence from a doctor or other healthcare professional that verifies this fact.
Poor financial management of the family
Poor financial management of the family is yet another ground for divorce in Canada. This refers to a situation in which one spouse has taken responsibility for the family’s finances, but has not been able to properly manage them. In order to establish this criterion, the spouse must provide evidence that they have consistently mishandled their family’s finances and have not been able to make wise decisions with regards to this matter.
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At DivorceLawyers.ca, we take pride in providing the best customer service and legal representation to those involved in family law disputes. Our team of experienced lawyers and certified mediators work hard to ensure that the process is as smooth and stress free as possible. We are committed to providing compassionate guidance to help families reach mutually beneficial outcomes with efficiency and fairness. When you choose DivorceLawyers.ca for your family mediation needs, you can count on us for:
- Experienced legal counsel: Our lawyers have extensive experience dealing with all aspects of divorce, property division, custody/visitation rights, alimony/spousal support, postnuptial agreements and more related matters in family mediation settings
- Clear communication: We keep clients updated throughout the process so they remain fully informed at all times
- Tailored strategy: We understand that every case is unique; we create individualized strategies based on our clients’ specific needs and goals throughout the entire process
- Levelheaded negotiation: Our team remains calm under pressure ensuring negotiations don’t become heated or confrontational
- Compassionate guidance: All of our lawyers practice with empathy and understanding of issues surrounding divorce proceedings
Our Commitment To Quality
At DivorceLawyers.ca, we take our commitment to quality seriously. We strive to deliver the best possible solutions and advice based on a thorough understanding of the family’s unique needs and circumstances. Our experienced professionals are here to provide you with all the information, resources and support you need at every step of the process. We understand that reaching an agreement is only successful if all parties involved feel respected, heard and that their interests have been fully considered. This is why we approach each case with an open mind and strive to ensure equitable outcomes for everyone involved. If you would like to learn more about our services or speak to one of our professionals about how we can help your family reach a resolution, please contact us today!
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