If you're considering applying for Divorce and you are considering filing for divorce, then you will have to petition the court for the issuance of a Divorce Order. You can hire a lawyer via divorcego.ca/uncontested-divorce-in-ontario/ if you are looking to file a divorce.

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In order to be eligible for Divorce, you must satisfy the following requirements:

  • Your spouse and you must be legally married according to laws in Canada.  

  • Your marriage broke down.

  • You and your spouse resided in Canada for the full year prior to submitting your application.

The Grounds of Divorce

In accordance with The Divorce Act, you do not have to prove fault. In fact, the sole reason for divorce is the breakdown of marriage and it can be established in any one of the following circumstances:

1. Parties have split for a year or more.

2. You were the victim of physical and mental abuse.

3. Your spouse was involved in adultery.

If you're looking to reconcile or tried to reconcile following the separation, you may continue to live together for up to consecutive 90 days, without affecting your one-year separation time. If the relationship doesn't go as planned and you're not able to come to a compromise, you are able to continue your divorce proceedings with no impact on your one-year separation time. 

In contrast, if you've been in the same place for more than 90 days in a row, your one-year separation will be terminated. Couples may live in the same house or under the same roof. Parties should consult a Divorce Lawyer in Toronto to determine whether they are regarded as being separated by the legal eyes.