Ontario Divorce LawsIn Toronto, Canada, a formal, legal divorce is required to dissolve a marriage and allow the divorced parties to remarry.  If the parties do not wish to remarry, it is not necessary to obtain a divorce.  Many people remain separated and never obtain a divorce. However, even when there is no immediate need to remarry, some people wish to obtain a divorce in order to obtain closure and move on with their lives.
 

Call (416) 818-4111 to learn more about mediation and other divorce options available to you.

Some basics of Canadian divorce law include:

  • In most cases, a divorce is permitted as long as the spouses have lived separately for one year or longer. This does not necessarily mean that the spouses need to have lived under separate roofs, but it is harder to prove that a couple has been separated if they have continued to live together.
  • A one-year separation is not required in cases of physical or mental cruelty. An adulterous relationship also allows couples to waive the one-year separation agreement as long as the adultery was not forgiven or the couple lived together more than ninety days after the affair was discovered.
  • A divorce may be granted even if only one spouse wants to end the marriage.
  • Divorce proceedings may be initiated even if the couple is still trying to work things out.
  • One does not have to be a citizen of Canada to get a divorce in the country.
  • Couples may draw up a separation agreement themselves that outlines property division, custody issues and other matters. The court may accept or reject this agreement depending on how it is framed.
  • Canadian divorce laws allow for mediation and divorce arbitration as alternatives to divorce litigation.
  • Although it is not required, Canadian law recommends that the parties to a divorce consult a lawyer.

Canada allows divorcing couples to choose mediation as a way to avoid litigation and ease the divorce’s impact on the family. Mediation is often an excellent way to settle problems amicably.  However, it is important to choose a knowledgeable mediator.  We have mediators that are skilled in resolving conflicts. Mediators do not decide cases, but they help couples settle arguments and draw up Agreements that can be submitted for legal approval. This keeps court visits to a minimum, reducing the emotional strain of the divorce.

Mediation and Arbitration

Sometimes the mediation process does not work, and couples may then choose to go to court or to divorce arbitration. According to Canadian divorce laws, the parties can appoint an arbitrator who will determine the issues in the case and his/her decision will be binding on the parties. It is as if a Judge made the decision for the parties. Unlike a Judge at court, there is a cost to the arbitrator.  However, in arbitration the parties are more in control of the process (time, location etc.).

At Ontario Family Resolutions, we believe that most parties should mediate and not litigate. We are  also happy to discuss other divorce options. Contact us today to discover all of your legal divorce options in the province.