In Canada, the laws governing the divorce processes are dependent on the province or the territory that you live in. But, overall the main family federal law, namely the Divorce Act, applies to all divorced- or divorce-seeking couples.
Federal vs Provincial rules
The Divorce Act is the repository of all rules such as reasons for the divorce of a married couple, child/ren support and custody, parenting arrangement, spousal support, and so on. The basic difference between the federal Act and the provincial rules (such as those applicable in Ontario) is that while Divorce Act is applicable to married couples, rules in Ontario will apply to separation of unmarried couples and separation of married couples who do not apply for divorce. A divorce lawyer in Barrie, such as Rogerson Law Group, is well-versed in provincial as well as federal laws and can help you get a fair closure, compliant with all applicable rules. We specialize in family law cases spanning international jurisdictions.
Divorce in a year
As a resident of Barrie, you can be granted a divorce from your partner if you have lived separately from each other for a year. You do not need to prove anything against your partner except that your marriage has broken down beyond repair. An experienced Barrie family law firm like Rogerson Law Group can even help you get divorced before the one-year period if you apply for a divorce on grounds of physical or mental abuse by your partner. However, a divorce granted on the ground of marriage breakdown is usually easier and less expensive than the latter option. Consulting a family lawyer in Barrie can help you assess your case in detail.
To be eligible to apply for a divorce in Barrie, either you or your partner should have resided in the province for at least a year. Divorce can be granted even if either of the partners applies for divorce; as there is no legal requirement for both parties to apply together. Remember, divorce is granted after one year of partners living separately and apart. So, if you consult a divorce lawyer in Barrie to begin the process as soon as you and your partner separate, you can be legally divorced after one year.
What happens if you and your partner wish to give another chance to your marriage and live together temporarily? The law encourages couples to consider reconciliation and, therefore, allows you and your partner to move in for a single period or multiple periods adding up to 90 days. If, however, you fail to reconcile within the stipulated period, you can instruct your divorce mediation lawyer to go ahead with the ongoing divorce application and expect a divorce after a year from the original date of separation.
Ensure welfare of child/ren – Consult a Child Support Lawyer
Divorce cases where child/ren is/are involved, courts want to ensure that the divorcing couple has made adequate arrangements for the welfare of the child/ren before granting a divorce. Therefore, before applying for divorce, consider the views of a child support lawyer in Barrie to understand your privileges and prerogatives. You may also want to consult a child custody lawyer in Barrie should you wish to keep custody of your child/ren.
Contact Rogerson Law Group at (416) 504 2259 for a consultation with a family lawyer.