People who are seeking a divorce are, in the simplest of terms, only asking a court
to dissolve their marriage. This means of course that you must have had a
valid marriage in the first place. Not to worry, most people married in Canada have
valid marriages but those people married in a foreign jurisdiction should seek
advice from a matrimonial lawyer about this issue.
When a court grants a divorce, it often deals with related matters or “corollary relief “.
This can include such issues as custody, access, child support, spousal support and
division of assets.
Grounds for Divorce:
The only ground for divorce in Canada is marriage breakdown.
The circumstances of the marriage breakdown, in simple terms can be based
upon an intentional one year separation, adultery or intolerable mental or physical cruelty.
In practice, most folks choose to go with the one year separation. This means the parties must have been separated for at least one year and at least one of the parties must have
intended to live separate and apart because of problems in the marriage.
Some of the corollary issues can be somewhat complicated in particular cases.
These issues can be addressed readily addressed by any matrimonial lawyer.
You may wish to bear in mind that many people commence the action for divorce prior to the one year separation being completed.
Please note: If you are involved in a matrimonial dispute, we
strongly recommend that you retain a lawyer to represent
you at the first possible opportunity;
This site and this note are designed only to acquaint you with a
few (and only a few) of the issues that may affect you.
It is not intended as legal advice on any specific case.
You are well advised to retain the services of an
experienced lawyer as soon as possible.