Full Service Divorce Lawyer Erin Mills
There is one ground for divorce in Canada: marriage breakdown. Marriage breakdown can be evidenced by the spouses’ separation for at least one year, by cruelty, or by adultery. Most divorces are granted on the basis of the one-year separation. The separation period can begin to run as soon as the spouses no longer reside together with no possibility of reconciliation. It is not necessary to have a separation agreement or “legal separation” for a year prior to commencing a divorce application.
In some cases, separation can occur while the spouses remain under the same roof. Spouses are considered to be living “separate and apart” while they are residing in the same home, provided that they (or at least one of them) have formed the clear intention not to live together. This type of separation can be one of the most difficult to navigate, and as such, it is paramount that you have the very best advice from a lawyer that you can trust to assist you.
The family divorce lawyers near Erin Mills at Kain & Ball Professional Corporation have extensive experience dealing with parties who are separated and living in the same home. We understand the issues that can arise out of such situations and are at the ready with effective advice and solutions to ensure that your rights are protected.
It is also possible to end a marriage relationship without actually obtaining a formal divorce. Many couples decide that it is sufficient to separate and settle the issues between them on a final basis using a separation agreement. However, should one of the parties decide that he or she would like to re-marry, then it is necessary to obtain a formal divorce.
