Divorce Lawyers In Thornhill Ontario

Under the federal statute, divorce is granted in Canada on one ground; marriage breakdown. You can prove marriage breakdown in court if you and your spouse have been separated for a year or if there have been cases of adultery or cruelty. It is difficult to get a divorce based on adultery because your spouse may contest this in court making the whole process time consuming and expensive. If you are considering filing for divorce, here are important laws you should know about divorce in the Greater Toronto Area.

Who can file for Divorce?

One or both of you can file for divorce any time after separation. If one of the spouses wants a divorce, the marriage is said to have broken down. However, you cannot apply for divorce on the basis of your own cruelty or adultery.

Living Separately

Living separate does not necessarily imply that you live in different homes. If your relationship has ended and you are still living in the same house due to various reasons such as children or money, your relationship will be deemed to have ended. Aspects that the court will look at to determine whether spouses are living separately include:

• Physical separation
• Lack of communication between spouses
• Absence in joint social activities
• Withdrawal by one of the spouses in matrimonial obligation
• Performance of household tasks
• The financial arrangement between both parties

A separation agreement is a complex contract so make sure you hire a lawyer to guide you.

Jurisdiction

You can only be granted divorce by an Ontario court if either spouse has been an ‘ordinarily resident’ in the province for a period of at least one year before starting the divorce proceedings. For you to be considered as an ‘ordinarily resident,’ your permanent home must be in Ontario.

Child Support

In Canada, all children are legally entitled to the support of both parents. Although divorced, the law requires both parents to remain legally obligated to support their children financially. The main principle of Canada’s child support law states that all children should benefit from the financial means of their parents as if they were still together.

If you are a non-principal parent and your children are under majority age or they cannot live independently due to various reasons such as illness, disability or education, then you will be required to pay child support. The amount of child support one has to pay will be based on these aspects:

• The province or territory where you live
• Residency arrangements of the children
• Number of the children involved
• Income

Property Division

Most spouses going through divorce will want to know how the property will be divided. Canada’s law holds that a marriage is an equal partnership. Therefore, every role assumed by both spouses in their marriage and their contribution to their property is equally important. The law on property division states that the value of property you acquired during marriage and the one you still had when you separated must be divided equally among the spouses. Property that was brought to your marriage such as gifts and inheritance is yours to keep.

The divorce process is complex so make sure you hire a lawyer to represent you and guide through the court proceedings.