Canadian Divorce Made Easy
The Canadian Parliament passed the Divorce Act in’68. This is a federal law that governs every divorce in Canada. The same laws are followed in all provinces. In’86 the Divorce Act was revised to establish guidelines for divorce and child and spousal support. So if you want to go for a Canadian divorce, you ought to proceed according to these guidelines.
A court grants a Canadian divorce only if one of the spouses establish the fact that their marriage has failed. However to establish this the estranged spouses must have been living in a separated condition one year before the divorce proceedings are set in motion. As far as Canadian divorce law is concerned, there are only two legitimate grounds for divorce and they come under what is termed ‘marital offence.’
The term marital offence denotes adultery on the one side. When either one of the couple has sex with some other person, it constitutes adultery. This can occur even if the couple is living apart. However adultery is mostly hard to establish as the guilty spouse will not readily acknowledge it. As such, to go for a trial on the issue can be a waste of time and money. The couple can obtain a Canadian divorce by the simple expedient of having lived apart for one year. But if the adulterous party is ready to confess the wrong, it can hasten the divorce process to no end.
The second marital offence is all about mental or physical cruelty. When one of the parties is being mentally or physically accused, the government doesn’t hold up a divorce. And physical abuse is not hard to prove when there are witnesses, photographs, police reports and the like. However, mental abuse is not all that easy to prove. A marriage breaks down because of conflicts that can make things difficult on the parties concerned. But mere conflicts are not considered sufficient grounds for divorce. To be counted as a marriage offence, they ought to demonstrate a mode of cruel behavior that had an adverse effect on the concerned spouse’s mental well being. But here too it is wiser to go for a divorce after a year of separation.
In most cases, the parties take care of the custody and property issues by means of a separation agreement right at the beginning of the break down. Then they include this agreement in their divorce application after one year of separation. Actually this one year of separation set out in the Canadian divorce law is just a random period chosen by the Canadian government. This time is intended to give the couple a chance to give the marriage another shot. However the couples can reunite for as long as ninety days during the separation period. If they can’t, then they will have to go on with the period of separation.
The final thing to do is to file your Canadian divorce papers before the court and a date will be decided upon for trial. Explain your case to the court at the time of trial. You are allowed to produce witness in support of the case. The judge will scrutinize the information you have submitted at the time of the trial to make certain that all legal requirements have been met with. Then the judge will arrive at a decision on any undecided issues and grants divorce which becomes final after 31 days have passed. Then you can request for a certificate of divorce that proves that you’re divorced at last.
Here is a simple service that will help you get a Divorce in Alberta.
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