Free Divorce Information

If you are married to a member of the Canadian military, you are in a similar position to the spouse of a service member in the United States military. The civil court is the place to which you should apply for a divorce. Their ruling is paramount and decisions such as the actual divorce, child support and division of the estate are all decided by this court.

Canadian Courts and Constitution

Divorce in Canada is not decided on a province or territorial basis (unlike the United States where the states have certain powers). The Canadian constitution has what is known as the Divorce Act. This is a federal law and applies equally and throughout the entire country.

Yet here again a minor concession applies. Each province is able to set the time by which a spouse must respond to the filing of a divorce petition although the average time is 20 days.

A detailed edition of the law is available to be read on-line at Canada's Department of Justice.

Reading such a detailed document is not for the feint-hearted and, as always, if you are considering separation and/or divorce, you are advised to seek professional help. If you are married to a member of the Canadian military, a lawyer who specializes in military law is highly recommended.

A further helpful web site if you want the details of Canadian divorce law is found at CanLII.

Canada has the no-fault divorce situation as found elsewhere around the world although with Canadian law there is still the opportunity for a charge of cruel behavior being laid by one or both parties. The no-fault option is the most popular and in Canada this means the couple must have been living apart for at least a year. As with most laws, there are exceptions and in this case a couple may re-unite for a period not exceeding 90 days and still use the grounds of at least 12 months of separation. Despite this seemingly humane and sensible approach to divorce, Canada still has provision for cruel behavior to be cited as a cause for the breakdown of the marriage. Adultery can be seen to come under the definition of cruelty.

If the court rules that cruel behavior has in fact been proved, the court may require the 'guilty' party to pay all the costs of the divorce case as applied by the court. This does not include fees to the lawyer of either party.

The procedure in Canada for all married persons whether members of the armed services or not, is that either or both of the parties apply to the court reporting that there has been a breakdown of the marriage. An uncontested divorce application is the most common and usually takes the least amount of time.

In Canada there is a section of the Divorce Act known as corollary relief. This is where any support for the spouse and, if they exist, any child or children is provided. The spouse making the application is strongly advised to prepare a detailed list of the day to day expenses. Consider any questions the judge might ask and have details available so you can give a full and truthful reply.

A military divorce is no different from a divorce involving two civilians. You do not want a delay in your application and you certainly don't want the judge to strike out your request.

Be aware too that in Canadian courts, both parties may file an application and if so, it is a case of first in best dressed.

The initial hearing is a private one between the parties, their counsel if hired, and the judge. A failure to supply all relevant information such as financial needs, may mean the second hearing will be in an open court to which the public may be admitted. Do your homework.

A spouse, married to a member of the military, must know the pay and conditions of the spouse, their pension plan and other relevant employment and financial details.

And do not assume that the courts in Canada will automatically rubber stamp your application. In fact the court has the power to order the parties to attend compulsory counseling if, in the opinion of the court, there is a possibility of reconciliation. Be prepared for this ruling.

If you file for divorce, your spouse has the right to contest the application. It may mean your spouse or their lawyer will cross-examine you in court. This rarely happens but to be forewarned is to be forearmed.

Two Countries

Canada is a country where their laws allow a person to have dual citizenship. This means you can become a citizen of another country but still retain your Canadian citizenship. This is something to remember not just for yourself but for your spouse. They may decide to file for divorce in what for you might be a foreign country.

There are traps here for the unwitting spouse. It has been known that a Canadian has obtained citizenship in a second country, moved there and then been ordered by the second country to undertake military service for the adopted land.

Even a holiday can turn into an unexpected recruitment. Your spouse may visit his or her second homeland just for a holiday and be arrested for failing to undertake military service. This has happened to teenagers going to meet relatives and to men who are past the call-up age but were still arrested.

It may be that you could find your divorce application delayed or thwarted because your spouse has obtained citizenship elsewhere. And there are other possible problems down the track. Canadian courts make decisions on divorce and child custody but courts in other lands may not recognize the Canadian decisions. Your spouse could appeal to the courts of his or her second country.

If your spouse is serving in the military it may be difficult to serve papers should you file for divorce. Fighting in a war zone overseas will provide your spouse with a legal excuse to delay responding to your applicant. If you have filed the application, your spouse is referred to as the respondent. Be aware that the officer in the services is entitled to delay responding. If your spouse is overseas on active service, the home province of your spouse is the one where he or she last resided when in Canada.

The military in Canada is similar to military scenarios in comparable countries including the United States. Generally speaking the civil courts control what happens with divorce and the use of a lawyer who knows the business of divorce within the military is your best bet as far as getting the best result for you and your children.

Here are additional resources you might be interested in:

How to get a Military Separation in Canada

How to Conduct a Do It Yourself Divorce in Canada

Are you considering getting a divorce? 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.