Divorce is a painful process, the legal process need not necessarily be as painful. If you get the right lawyer who will represent you, who understands your expectations from this divorce as well as assures you during the process of getting a divorce, at least you have something to look forward too.You can hire lawyer Montreal.
How to get divorce in Canada
In Canada you will have to prove your marriage is beyond repair to seek divorce.The basis of divorce may be abuse or infidelity wherein valid proof has to be provided to the court of law. An year of separation is granted and no fault divorce is usually granted.
How to go about it
- After you are separated from your spouse, the best option is to file in the papers otherwise it will add on the one year period that has to be completed before granting divorce.
- Living separately does not mean living away in this context, but that is also an option if you cannot live far away from children due to monetary issues. But if you both dwell in the same house you cannot live as a couple and it has to be proved in the court of law for this you may have to seek legal help.
- This period of separation may seem a little too harsh but the court wants to give time to both the partners to give their marriage another chance if they could get back together and if they reconcile and then they don’t have to complete your one year separation but if you are together for more than ninety days or the cumulative number of times together amounting to ninety days during the one year separation period and want to get separation, once again you would have to go through the one year period.
- No fault uncontested divorce is the easiest to get but all cases are unique so they may not fall under this category and advise of the attorney is paramount.
- The fault divorce is when one of the spouse holds the other for adultery or cruelty which has caused the breakdown of the marriage.
- For fault divorce a legal representation is a must and you may need to fight a long battle whilst providing ample proof of what your accusing your spouse with be it infidelity or abuse.
- Since it may be a lengthy process to obtain a fault divorce, you would have to be prepared for the long haul and expenses that are bound to occur. Get a lawyer Montreal.
- In most of the courts there is always the problems of backlog and it may take a year for your hearing to come up. So being patient and reassurance from your attorney will help during this period.
- It must be noted whatever may be the basis of divorce, it will not have the impact on the court for taking decisions on the child for access, custody and support.
Hence, it is advisable to seek a lawyer who is certified, having a good number of years to his/her credit to fight the case for you.