Marriage breakdown is one justification for divorce. If an individual seeking divorce can prove that they have lived separate and apart from their spouse for at least one year, the court accepts the breakdown of the marriage.
An individual can seek divorce without a one year separation if they can prove their spouse committed adultery. A divorce can also be sought prior to a one year separation if a spouse was mentally or physically cruel.
Canada recognizes Common Law Marriage (cohabitating without being legally married). Certain laws regarding cohabitation and division of property vary according to province.
Canada believes parental financial support is a child’s right. When parents reside together, such is normally not an issue. When children, however, live with just one parent, the other is required to also contribute financially. In the late 1990s, in order to lessen conflict, Canada established a set of Guidelines that set basic child support amounts and recommended resolution.
In most cases, parents followed the guidelines and agreed upon support. There are instances, however, where certain disagreements arise and one parent may need the court’s intervention. The non-custodial parent may suddenly refuse to forward support payments, a parent may lose their job or suffer a disability, or one parent may use visitation to affect support. There are many possible situations.
Should You Hire a Lawyer
A Lawyer is not absolutely necessary to file for divorce on grounds of marriage breakdown, however, it is always best to consult with one to discuss your rights and make sure they are protected and that you receive all you are entitled to receive.
Divorce on grounds of adultery or physical or mental cruelty or issues relating to child support are more complicated and having legal representation provides advantages. It makes sure your side is properly communicated. Lawyers understand the rules and laws that pertain to your side. And, a lawyer will make sure that there are no errors. Most importantly, lawyers also take some of the stress of off you. Family legal matters are one of the worst situations any person can experience. Having a lawyer handle the paperwork, legal issues, and all communications from the other side can greatly ease some of the strain.
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