How to File for Legal Separation in Ontario

Married couples in Canada may be considering a legal separation in Ontario. A legal separation is the act of married parties residing in separate dwellings or separate lifestyles. From a legal point of view, there is no way to file for the actual legal separation. Two married persons are separated the moment the marriage is broken, and they go their separate ways. The couple does not need a judge to tell them they are separated. However, the spouses can file in Ontario courts to legalize a separation agreement. Additionally, spouses can use the status and tenure of a legal separation to apply for a divorce.

Legal Separation Agreements

Separation agreements are legal documents that the spouses create to outline the sensitive subjects such as child support, alimony and property distribution. A Canadian family law or divorce attorney can help the parties to create a document that suits both of their needs. Having a legal separation agreement will ensure that each person is respecting the wishes and requirements of the other party. It gives both spouses some recourse if the other spouse does not oblige. Additionally, the parties may be able to use the separation agreements if they ever decide to officially divorce.

Grounds for Divorce in Canada

Separation is one of the grounds for divorce in Canada. Therefore, legally separated persons may apply for a divorce under their circumstances. To qualify for a divorce, however, the two parties must live apart for a period of no less than one year. In which case, the person who wishes to initiate divorce may seek counsel from a reputable firm to start that process. If for some reason the spouses consider a reconciliation and then it does not work, the courts will still use the initial date of separation as a basis for qualification for divorce. As long as the spouses did not live together again for more than 90 days, the divorce should be clear.

Filing and Divorce

After the attorney submits the divorce request, the defending spouse will have 30 days to respond to the complaint. If he or she does not respond within that period, the plaintiff may begin the next stage of the process, which is requesting a divorce by default. The judge will review the case and make a decision based on his or her findings.

It is important to hire a reputable divorce lawyer who has the experience required to handle your case. Experienced lawyers know everything that is required to file for legal separation in Ontario. In addition to that, they will be able to answer any questions that you might have.

Need a Toronto divorce lawyer to handle your case? Call us today and our team of family lawyers will assist you in whatever you need.