Divorce FAQ
WHY DO I NEED A DIVORCE?
You only need a divorce if you want to remarry.
WHAT ARE THE GROUNDS FOR DIVORCE?
- SEPARATION
You can start a divorce as soon as you separate but you and your partner must live apart for a year before the divorce can be finalized. - ADULTERY BY YOUR PARTNER **
- PHYSICAL OR MENTAL CRUELTY BY YOUR PARTNER **
** You do not have to have been separated for a year if you obtain a divorce on either of these grounds. These are rarely used.
INFORMATION TO GIVE YOUR LAWYER TO START DIVORCE PROCEEDINGS WHICH MAY INVOLVE CHILD SUPPORT AND/OR SPOUSAL SUPPORT AND DIVISION OF ASSETS
- Your income with tax returns and notices of assessment for the last three years.
- current pay stub;
- Information about your partner's income
- Details of what you own or owe at the date of separation including among other things real estate, stocks, RRSPs, pensions;
- The same information as above for your partner;
- Whatever you and your partner owned or owed jointly at the date of separation
- Details of the assets and debts you and your partner owned together or separately at the date of marriage
- A certified copy of your marriage certificate.
- If you or your partner has already been divorced, a certified copy of the divorce judgment or decree absolute.
CAN I GET MY DIVORCE EVEN IF EVERYTHING HAS NOT BEEN SORTED OUT BETWEEN MY PARTNER AND MYSELF?
Yes you can, even if all matters concerning children, support and property have not been finalized, provided that your spouse consents or there is a court order allowing this.
WHAT SHOULD I DO IF I AM SERVED WITH A DIVORCE APPLICATION
Consult a lawyer, even if the application only requests a divorce and you think you are in agreement with what is set out in the Application. Make sure that you know your legal rights and remedies. It may be that you will not have to answer it but get a legal opinion before you decide to do nothing.