If you want to get divorced in Canada, you have to follow the provisions of the Divorce Act which is the federal law that governs all divorces in the country. According to this act you have to show that there has been a breakdown of the marriage before filing the divorce application. Two main legal reasons are cited for the break down; it can be either a marital offence by a spouse or separation of the marriage partners for at least a year, with the notion that your marriage has ended. There are other reasons too. Your spouse has committed adultery and you are not willing to forgive him/her or he/she has been mentally and physically cruel to you, making it impossible for you to continue living together. Cruelty can be either being physically violent or causing extreme mental torment.
What else should you do to qualify to get divorced in Canada? First of all you should be legally married either in Canada or any other country. You propose to separate yourself permanently from your spouse believing that there is hardly any possibility of your getting back together again; or you are already separated from your spouse and do not intend to live together again. Also, both the spouses must have been residents of a Canadian state or territory for at least one year, before applying for divorce. However it is not necessary for you to be a citizen of Canada before putting in your application for a Canadian divorce.
For you to get divorced in Canada, it is a good thing to talk to a lawyer specializing in family law. Such an attorney can advise you as to how the law can be applied to your exact situation and also how to secure your rights in the matter. It is better to decide how to proceed after this step. Then you go on and complete the legal forms specific to your province or territory. If a lawyer is there to help you, he/she will do the filling out of the forms for you. You can purchase the divorce forms from a private or government book store or even internet. In some locales court houses or family law information centers also might stock these forms.
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Once you file the divorce forms, a date will be set for trial in which you have to explain your case to the judge. You can also bring in witnesses to aid you to prove your case. The judge will decide on the issues the couple cannot agree upon. After reviewing the information you have submitted to ensure that you have met all the legal requirements for the divorce, the judge grants a divorce. The judgment becomes effective 31 days after the judge signs the divorce order. After this period you can apply for a Certificate of Divorce. You need this certificate to get married again in Canada.
We hope you have enjoyed this article on getting divorced in Canada. If you have any questions, please visit us at Divorceonline.ca