Grounds for Divorce in Ontario
Grounds for Divorce in Canada
Divorce is a termination of a marriage by way of a Court Order based on the Grounds for Divorce in Ontario. A Divorce Order is a legal way to terminate marriage whereas mere separation or entering into a Separation Agreement would not automatically Divorce married couples.
There are three Grounds for Divorce in Ontario or Grounds for Divorce in Canada? if any one of them is applicable then the Court would grant a Divorce Order.
- Separation for more than one year (Most common ground for Divorce)
- Cruelty or Torture.
Divorce in Ontario Cost
Do you have to be Eligible for Filing Divorce in Ontario?
If you and your spouse are legally married in Canada or abroad and have an original marriage certificate or a certified copy of the Marriage Certificate.
Your matrimonial relationship has permanently broken down.
You or your spouse is a resident of Ontario, Canada prior to filing for Divorce Application.
Once you have established your eligibility, then you should consider Grounds for Divorce in Ontario. You and your spouses can file Divorce Application in Ontario Jointly or Individually by using Divorce Application Form 8A of the Superior Court of Justice.
Can Divorce Be Refused?
Yes, Divorce can be refused even if you have grounds for Divorce in Ontario under the following circumstances;
- No proper arrangement for Child Support has been made between the parties;
- Parties returned to live together after separation for a consecutive 90 days. Then the Separation of one year will not be counted.
- Where one of the spouses trapped the other spouse to commit adultery to gain ground for Divorce and in turn division of property.
When Divorce becomes Final?
Divorce Order would become final after 31 days and then a Divorce Certificate can be issued to the parties.
Simple Divorce or Uncontested Divorce
What is the Difference between Contested And Uncontested Divorce
A Divorce is Uncontested if the parties are in agreement that they have been separated for over a year and agree to live separate and apart. Uncontested Divorce in Ontario can be filed as Joint Uncontested Divorce which means that the parties will both Jointly sign the Application for Divorce, whereas a Simple Uncontested Divorce is filed when only one party files for an Application for Divorce and serves the documents of Divorce to the other party.
On the other hand, a contested Divorce is where another relief such as Child Support and custody is disputed between parties. The Court would not grant Divorce unless adequate provisions or steps have been taken to secure Table amount of Child Support, therefore it is usually referred to as a Contested Divorce.
Whether Contested Or Uncontested, the Applicant filing Divorce Application must prove that one of the Grounds for Divorce in Ontario is applicable to his or her case.