The decision to end a marriage relationship is perhaps one of the most challenging decisions you will ever make. At this stressful and often confusing time, many questions arise surrounding the divorce and separation process.
At Kain Family Law, we understand the issues that can arise from such situations and are ready with practical advice and solutions to ensure that your rights are protected. Meet with Long Branch Divorce Lawyers to help you navigate through the process of separation and divorce. Whatever your circumstances, we are committed to resolving your issues as efficiently and cost-effectively as possible.
Legal Separation and Divorce in Long Branch
According to the Canadian Department of Justice, divorce is the legal process that a married couple must go through to end a marriage. Only married couples can get a divorce, and only a court can grant a divorce. Once the process is finished, a court will issue a divorce certificate proving that you are no longer married.
The Divorce Act is the federal law that applies when a married couple has requested a divorce or has already divorced in Canada. In addition to setting out conditions for getting a divorce, it addresses issues such as child support, spousal support and parenting arrangements for children in divorce cases. Provincial or territorial laws may also apply to some issues, such as the division of marital property.
Who Can Get a Divorce?
Generally, if you are seeking a divorce in Canada, you must meet the following requirements:
- You have a valid marriage under Canadian laws or a valid marriage under the laws of another country that Canada recognizes;
- You or your spouse lived in the province or territory of Canada where you apply for your divorce for a full year immediately before making your court application; and
- Your marriage has broken down.
Marriage Breakdown: Grounds for a Divorce
You can seek a divorce even if your spouse does not want to end the marriage. There are different “grounds” to establish a breakdown of marriage in Canada:
- If the spouses have lived separate and apart for at least one year immediately before the determination of the divorce proceeding and were living separate and apart at the time the divorce proceeding started;
- The other spouse committed adultery; or
- The other spouse treated the spouse seeking a divorce with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses;
“Living separate and apart for one year” is the most common ground of divorce in Canada. Spouses may be live separately and apart while sharing the same “roof” if they have been clear that the marriage is over. When spouses disagree about the date of separation, this can complicate a divorce proceeding, and you should consult a Long Branch divorce lawyer.
Experienced Long Branch Divorce Lawyer
Planning a new life and making sure your separation and divorce provide enough for the next chapter means retaining a professional Long Branch Divorce Lawyer that will advise you of your options, compromises and strategies for the best possible outcome. At Kain and Ball Family Law, we have the experience and expertise to navigate the tricky terrain of Separation and Divorce.
The family divorce lawyers in Long Branch at Kain & Ball Professional Corporation have extensive experience dealing with separated parties and living in the same home. We understand the issues that can arise from such situations and are ready with practical advice and solutions to ensure that your rights are protected.
Kain Family Law is Long Branch’s Top Law Firm
Kain & Ball was founded by Anita T. Kain and David R. Ball, two veteran Bay Street lawyers with the shared vision of providing the very best legal advice and representation to family law clients. Kain & Ball opened its doors in 1993 with this mandate and has continued to grow over the years. In the transformations and expansions that our firm has undergone in the years that have passed, one thing remains constant and always will: our commitment to our clients.
Our qualified team of family lawyers has dealt with a wide range of cases including child support, divorce and separation, spousal support, division of property, litigation services, mediation services and other marriage contracts. We have the skills, knowledge, and experience to ensure a fair custody agreement for you and your family.
