Many marriages do not seem to work out and filing for a divorce is the best possible decision for both the partners. However, filing for a divorce isn’t exactly the most pleasant or easy experience that you will encounter. It is a complex process, but with cooperation from both the parties involved, it can be made simpler and smoother. There can be a lot of resentment and anger directed towards the other person which needs to be dealt with in a healthy manner and their mutual issues are to be solved before the process of final separation.

The nullification of a marriage is only possible through legal procedures by the court. This means that you will be wise to get in touch with our divorce lawyer in Brampton to deal with your case. However, as we mentioned, this procedure is not a walk in the park. Therefore, a valid order from the court is necessary for making the divorce come into effect.

All marriages in Canada are subject to the Divorce Act, which states that the court can issue a divorce only if it knows that the marriage is completely over. This breakdown will only be valid if the couple in question has been separated for a year at the least. Other scenarios where the divorce would be issued include proof of the other partner committing adultery, or violence by the person filing for the divorce in the first place. It is seen that many couples prefer to follow the 1-year separation rule rather than proving the crimes by their partner such as adultery/violence as it is painful for them to go through that again.

• What are the legally accepted reasons for filing a divorce?
• When you and your partner have been living away from each other for a year or more and no longer consider your marriage as valid.
• When your partner has engaged in acts such as adultery and you have not forgiven them. You have to provide evidence for proving this in court.
• When your partner has been unleashing violence on you in any form -be it physical or emotional – so much so that living with them is intolerable. For this too, you have to provide evidence to prove your side of the story.
• How am I supposed to file for a divorce in court?

Before actually going forward with the divorce, it is in your best interest that you seek legal assistance and advice from someone experienced in the field. Our Brampton divorce lawyer will see to it that the case goes through as you wish for it to. As much as you can go ahead without a lawyer, it is recommended that you take the help of one owing to their experience in the field. You will be able to get more insight into and about the process, and are more likely to express your thoughts effectively through our separation lawyer Brampton.

Now to get into the actual divorce process, first, you must fill out an application for divorce, then submit that application at one of the Ontario Courthouses. You are required to pay the court fees necessary. Following this, you have to follow the procedures and abide by the prescribed rules of the court.

• After the divorce has been issued, what rights are applicable to me?

There are a whole lot of aspects to divorce than are to be seen from the outside. In certain cases, the law requires one of the partners to compensate the other with spousal support. Child support is also a valid requirement wherein the partner among the two who pays is known as the payor. If you feel that you are entitled to child support or spousal support then you can take legal assistance from our Brampton divorce lawyer.

• What happens to our shared property after divorce?

If you and your ex-partner were married, then you both may have to come up with an agreement to split the payment to the other equally. However, if you were common-law married, then you do not possess this right automatically. Usually, both of you do get to keep in your possession whatever assets are owned in your individual names. However, there can be exceptions.

These are legal matters and pose a challenge for those not familiar with them. Hence, it’s important to get in touch with our divorce lawyers for further information. Do not delay this step and ensure that you get legal advice immediately. Property and asset issues are usually contentious, therefore to avoid conflict or disputes you should get legal advice from a trusted separation lawyer.

• What factors are taken into account in spousal support?

When your marriage is no longer valid by the order of the court, your relationship is seen as nothing but an economic partnership by the law. Therefore, following a marriage breakdown, of the two persons involved the one who is on the better financial side of the scale has to support the one on the other side. This may be the case, but concurrently, the law also expects adults to be independent, self-sufficient and able to look after themselves. To arrive at the amount of spousal support to be paid by one spouse to another, the law suggests that judges must see that the spouse asking for support receives a sufficient amount to live, but they must also consider the extent to which the other spouse can pay. One of the two spouses can ask for this spousal support to continue to live their lives without facing any financial difficulty and ensure that they become self-sufficient financially.

The factors that are taken into account for spousal support:

1. The health of both the spouses
2. The age of the couple
3. The contribution made for the other spouse’s career
4. The standard of life of the family before separation
5. The time that the person asking for support will need to become sufficient
6. The requirement to stay home and take care of the children/ adult children who are suffering from a disability.
7. The contribution made for family care during the relationship.

The available employment opportunities