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Divorce and the Law on Getting Divorced: Difference between revisions

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Divorce and the Law on Getting Divorced (view source)

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{{JP Boyd on Family Law TOC|expanded = separation}}
{{JP Boyd on Family Law TOC|expanded = separation}}


Divorce is the legal termination of a marriage by an order the court; without a court order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order is a formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of spousal support and child support, and the care and control of the children will survive the divorce.
Divorce is the legal termination of a marriage by an order the court; without this order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order represents the formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will survive.


This chapter will provide an overview of the grounds for divorce, and discuss the nature of a divorce order and the effect of foreign divorce orders in Canada. It will also review the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce.
This page will provide an overview of the grounds for divorce, and discuss the nature of a divorce order and the effect of foreign divorce orders in Canada. It will also review the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce without having to hire a lawyer. The criteria which must be met to obtain an annulment, which is different than a divorce order and isn't nearly as straightforward as most people think, are discussed in the _______ page.


The criteria which must be met to obtain an annulment, which is different than a divorce order and isn't nearly as straightforward as most people think, are discussed in the Marriage & Divorce > Marriage chapter.
==The Grounds for Divorce==


I. The Grounds for Divorce
Under the federal ''Divorce Act'' there is really only one reason why you can apply for a divorce order, ''marriage breakdown''. Under s. 8 of the act, there are three reasons why marriage breakdown may have occurred:


Under the federal Divorce Act there is really only one reason why you can apply for a divorce order, marriage breakdown. Under s. 8 of the act, there are three reasons why marriage breakdown may have occurred:
#the intentional separation of the spouses for at least one year;
#the adultery of a spouse; and,
#one spouse's treatment of the other with such mental or physical cruelty that it is impossible to continue the marriage.


the intentional separation of the spouses for at least one year;
In Canada, all divorces proceed on a no-fault basis, regardless of the ground of divorce relied upon. ''No-fault'', in this context, means that the ground of divorce has nothing at all to do with the court's consideration of issues like custody and support. No matter how upset someone is by a spouse's misbehaviour, the ms
the adultery of a spouse; and,
 
one spouse's treatment of the other with such mental or physical cruelty that it is impossible to continue the marriage.
STOPPED
In Canada, all divorces proceed on a no-fault basis, regardless of the ground of divorce relied upon. "No-fault," in this context, means that the ground of divorce has nothing at all to do with the court's consideration of issues like custody, guardianship, access, child support, spousal support and the division of the family assets. No matter how upset someone is by her spouse's adultery, for example, she will not receive more spousal support or a greater share of the assets because of it. The Supreme Court of Canada's 2006 decision in Leskun v. Leskun confirmed this general rule.


Most divorces are based on separation. The only advantage of seeking a divorce based on cruelty or adultery is that the divorce is available relatively quickly; you needn't wait for a year's worth of separation to pass before you are eligible for the order. However, while you are eligible to begin divorce proceedings as soon as your learn of the adultery or experience the cruelty, you must be able to prove that the other spouse commited the wrongful behaviour you allege.
Most divorces are based on separation. The only advantage of seeking a divorce based on cruelty or adultery is that the divorce is available relatively quickly; you needn't wait for a year's worth of separation to pass before you are eligible for the order. However, while you are eligible to begin divorce proceedings as soon as your learn of the adultery or experience the cruelty, you must be able to prove that the other spouse commited the wrongful behaviour you allege.
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IV. The Do-It-Yourself Divorce
IV. The Do-It-Yourself Divorce


The only way to obtain an order for divorce is by starting a law suit; you must sue your spouse if you want to get divorced. The do-it-yourself process, called the desk order divorce process, allows you to obtain a final order for divorce without every having to appear in court, and the order can deal with all of the issues between you and your spouse, from divorce to the division of property to child support.
The only way to obtain an order for divorce is by starting a law suit; you must sue your spouse if you want to get divorced. The do-it-yourself process, called the desk order divorce process, allows you to obtain a final order for divorce without everyevery having to appear in court, and the order can deal with all of the issues between you and your spouse, from divorce to the division of property to child support.


You can get your divorce yourself using the desk order divorce process, without having to retain a lawyer. While some of the court forms can be a bit daunting, there are plenty of resources, such as this website, that can help you unravel the mysteries and complete the process on your own.
You can get your divorce yourself using the desk order divorce process, without having to retain a lawyer. While some of the court forms can be a bit daunting, there are plenty of resources, such as this website, that can help you unravel the mysteries and complete the process on your own.
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