Family Law FAQs
Divorce is granted by the court after either of the spouses makes an application for a divorce. It is always advisable to seek professional advice before making an application to the court, as the repercussions may be endless. The process is complicated and cumbersome.
The time to get a divorce depends on a case to case basis. it will probably be best if you and your spouse can agree on major issues such as child support, custody and parenting arrangements, spousal support, and property issues before you apply for a divorce. If you cannot agree, you can ask the court to decide. But if you do that, your divorce may take longer to complete. It will probably also be much more expensive and stressful for you and your family if the court has to make these decisions for you.
Canada has a no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:
- You have been living apart for one year or more.
- Your spouse has been physically or mentally cruel to you.
- Your spouse has committed adultery.
- How much does a divorce cost in Toronto?
The cost of divorce in Toronto depends on the complexity of issues involved in the divorce. It takes less time and money to obtain a divorce if you and your spouse can agree on major issues such as child support, custody and parenting arrangements, spousal support, and property issues.
Where you and your spouse agree on the issues arising out of separation, a separation agreement is prepared to outline the agreement between the spouses to govern the terms of their separation. The Separation Agreement is legally valid and enforceable.