De Krupe Law
Trusted Divorce Family Lawyers
Obtaining a divorce in Canada entails a multitude of considerations and decisions. At De Krupe Law, we boast an extensive track record of providing top-tier legal assistance to clients navigating the complexities of family law.
We are dedicated to handling each client’s distinct circumstances with the highest level of care and respect, ensuring that they are provided with tailored, pragmatic solutions. The professionals at De Krupe Law comprehend the emotional challenges that can accompany divorce, and we strive to simplify the legal aspects to the best of our ability.
Divorce in Canada, Definition & Eligibility Criteria
In Canada, divorce is the legal process of formally terminating a marriage, allowing both parties to remarry after if they wish. Governed by the federal Divorce Act, a couple can obtain a divorce if they can prove their marriage has broken down. The breakdown of a marriage can be established in one of three ways:
- The spouses have lived separate and apart for at least one year;
- One spouse has committed adultery;
- One spouse has treated the other with physical or mental cruelty.
It’s important to note that while the Divorce Act is a federal law, each province and territory in Canada is responsible for the processes around marriage and divorce within its jurisdiction. This means that the actual procedures, as well as matters related to property division, spousal support, child custody, and child support, may vary depending on where the couple resides and other factors. Schedule an in-depth consultation with one of our experienced family lawyers to determine the jurisdiction in which you should initiate your case.
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Types of Divorce in Ontario
Contested Divorce
This type of divorce arises when spouses cannot agree on one or more issues, whether it’s related to:
- Property division;
- Child custody;
- Child support;
- Spousal support.
In a contested divorce, the matters in dispute are brought before the court for resolution. This process can be lengthy and may require multiple court appearances, mediation, or even a trial. The contested nature of this divorce stems from the disagreements between the parties.
Uncontested Divorce
An uncontested divorce, often referred to as a “simple divorce,” occurs when one of the spouses files for divorce without any outstanding disagreements over related issues such as property, children, or support. Essentially, it means that both parties agree on all matters and seek only the formal termination of their marriage. This type of divorce is typically quicker and less costly than a contested one.
Contested Divorce
In a joint divorce, both spouses jointly apply for divorce. This indicates that they mutually agree on the decision to end the marriage and have resolved all related issues. It’s a collaborative approach where both parties are actively involved in the application process, and it often streamlines proceedings since there are no disputes to be resolved by the court. However, you can only file a joint divorce after one year of separation.
Each of these divorce types in Ontario serves different situations and needs, and the choice often depends on the level of agreement or disagreement between the spouses. It’s essential to consult with legal counsel when considering divorce in Ontario to ensure the appropriate application is filed and all legal requirements are met.
How We Can Help
We handle both contested and uncontested matters with finesse. Even in seemingly amicable transactions, engaging a legal professional to safeguard your interests remains crucial, as decisions made during negotiations can have far-reaching consequences.
Our family lawyers are adept at resolving matters efficiently, regardless of complexity. De Krupe Law stays at the forefront of family law, ensuring our clients benefit from our up-to-date knowledge and extensive resources.
For those in Ontario seeking a trusted and reliable legal representative, De Krupe Law is here to serve you.
Contact our experienced team today at (416) 901-9344 or use our online form to discuss your situation and book a consultation. Your success and peace of mind are our top priorities.