The Difference Between Canadian and US Divorce Laws
Divorce law in Canada and the United States is similar in terms of the dissolution of marriage and the division of wealth and child custody. How the law is enforced, however, differs greatly. Canada has a federal divorce act while the United States leaves the specifics up to each individual state. Canadian provinces can make only small changes in family law to suit jurisdictional requirements.
Canadian Federal Divorce Law
In Canada, the dissolution of marriage is covered under the Divorce Act, which provides the legal definition of divorce and the rules involved. The original act was presented in 1985 and enacted in 1986. Small alterations have been made for issues pertaining to specific religious circumstances, as well as same-sex married couples becoming separated.
Canadian federal law covers all aspects of divorce, including child support, spousal support, custody, and “variation, rescission, or suspension of orders,” which changes previous determinations made by the court with respect to child and spousal issues. Every province also has its own act, which slightly changes or alters the process according to matters within provincial boundaries.
However, the federal Department of Justice notes that with the exception of Quebec, “Support guidelines in most provinces and territories are a lot like the Federal Guidelines.” It recommends that you look over your provincial or territorial government’s guidelines.
Federal Divorce Law In The United States
The United States federal government occasionally intervenes on the state level to ensure that individual states don’t contradict American human rights. In terms of divorce laws enacted by the federal government, there is no specific legislature that guides the individual states.
Since there are fifty different sets of divorce laws to deal with in the United States, it is best to consider the commonalities found in most divorce cases there and in Canada. Most cases consist of contested and uncontested divorce, and deal with custody, spousal support, and child support.
The main issue to watch out for are the local standards applied to the divorce proceeding. For example, the state of Florida handles the issue of adultery in a different way than other states. Depending on the circumstances, spouses may be able to claim additional awards depending on the length of the marriage, emotional cruelty, and the effect that adultery had on the children. Unlike other types of legal issues, this state allows for circumstantial evidence in the case of adultery, lowering the bar in terms of burden of proof.
Always Seek Experts In Divorce Law
Regardless of whether you expect your divorce to proceed amicably or not, it is important to find someone with legal expertise who is familiar with all the local laws and statutes of Canada and the United States.
Fine & Associates is a well-respected Toronto Law Firm that prides itself on providing quality service and favourable outcomes in Family Law and Divorce Law.
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