Free Divorce Information

Learn all about divorce in Canada to make transition during this difficult time a little easier. Arming yourself with knowledge about divorce can help you better understand the divorce process and how it affects you and your children. Divorce facts and information, as well as support groups, can be found online and in your local community.

Divorces in Canada fall under the federally regulated Divorce Act of Canada. The Divorce Act enables courts to grant divorces and corollary relief. Corollary relief, in this case, refers to spousal support and custody issues relating to divorce. The Divorce Act does not favor either spouse; both genders receive fair treatment. To make the divorce process easier, some spouses choose to separate before filing for divorce.

Separation vs. Divorce

Separation and divorce are two separate matters. You do not need to file for legal separation. You are considered legally separated when you and your spouse live separately and apart. You are not actually required to live at different physical residences to be considered living separate and apart. Some spouses live under the same roof for economical reasons. However, the spouses must live in different rooms, pay bills separately, have separate bank accounts, and not portray themselves as a married couple when living separately. Separation does not legally divorce you, even if you remain separated for the remainder of your life.

Living separately can make the divorce process easier, especially if you have a separation agreement. A separation agreement is very important; it can affect you and your children for many years to come. A separation agreement is a legal document that must be honored.

Separation agreements address life-changing issues. These critical issues can include child custody, child support, spousal support, property distribution, debts, and retirement pensions. The best method of obtaining a separation agreement is to agree on issues together, then have an attorney draw up the separation agreement. Both spouses should sign the agreement in front of a witness, so that either spouse does not argue that they never agreed to a specific issue. This makes the document legal and admissible in court.

Facts about divorce in Canada show that 90% of divorces are straightforward, because both spouses agree to the divorce. More information about divorce in Canada can be found in law libraries, municipal libraries, and in any courthouse.

Divorce Eligibility Requirements

To be eligible for divorce in Canada, you must meet the following requirements:

• Be legally married. Your marriage did not have to take place in Canada.
• Want to separate permanently; you do not intend to get back together again.
• Reside in the same province in Canada for one year or more. However, you do not have to be a Canadian resident.
• Show that the marriage has broken down. A marriage is considered broken down when spouses live separate and apart for one or more years with the intent of permanent separation, one or both spouses committed adultery, or one or more spouses are mentally or physically abusive to the other spouse.

Types of Divorce

A divorce can be fault or no-fault. It is not necessary to prove that one spouse it to blame for the breakdown of the marriage. Actually, spouses may file for a joint divorce if they are in complete agreement on custody, support, asset distribution, and other common divorce issues. In a joint divorce, both spouses file together and sign the papers together. Therefore, joint divorce is only an option for spouses that both want a divorce and agree on all of the important aspects of their divorce.

A divorce may be contested or uncontested. When spouses cannot agree on divorce issues, then on spouse may contest the divorce. A contested divorce is often long and drawn out. Each spouse must submit paperwork to the court on the issues with which they do not agree. The court will determine what steps must be made in an attempt to resolve the arguments. The case will be heard by a judge, if the spouses cannot come to an agreement. Each spouse will have the opportunity to prove their side. However, the judge will make the ultimate decision.

An uncontested divorce is one which neither spouse files a response to the court after being served. Spouses agree on the divorce issues in an uncontested divorce, so they may not have to appear in court. Uncontested divorces are generally finalized much faster than their counterparts.

Child Custody and Support

A separation agreement can be used to award child custody and support payments. If spouses do not have a separation agreement or do not agree on these issues, then the court will make decisions about child custody and child support. The judge will take several factors into consideration before awarding custody or support, such as the child's best interest, parental behavior that affects the way a spouse will parent, who cared for the child in the past (took them to medical appointments, school functions, and extra-curricular activities), and who the child wants to live with. The judge will consider which parent the child desires to live with, but that choice alone will determine the outcome. The parent's well-being, support system, and bond with the child can affect the judge's decision as well. The judge may award joint custody. With joint custody, both spouses are equally responsible for their child. The child may spend equal time with each spouse, or live with one spouse more than fifty percent of the time.

Both parents are financially responsible for their child. However, a judge can award one parent to pay child support to the other payment. The following factors are used to determine the amount of support: income, number of children, and the province in which each parent resides.

Spousal Support and Property Distribution

Spousal support may be awarded in a divorce. A judge will consider the length of the marriage, the spouse's role in the marriage, and who lives with the children. The amount of support is determined by financial need and each spouse's income. Support payments are not affected by a fault divorce. Support payments may be awarded for a short period of time or for the rest of one's life.

To determine spousal support, the following divorce information is reviewed:

• Economic benefits or losses acquired through marriage.
• Hardship suffered from the breakdown of a marriage.
• Level of self-sufficiency.
• Number and ages of children, although child support is deemed more important than spousal support when funds are limited.

The Divorce Act of Canada does not regulate property distribution. Each province has its own guidelines about divorce regarding the division of assets and debts. Since each province has its own rules, you should check with your lawyer to determine your rights.

Here are additional resources you might be interested in:

How to Conduct a Do It Yourself Divorce in Canada?

How Much Does it Cost to Hire a Divorce Lawyer in Canada?

There's an excellent ebook about deciding whether to Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.

If you're on the verge of having a divorce, read this to Save Your Marriage.