In Canada, divorce is governed by the federal Divorce Act.
Under the Divorce Act, a divorce may be granted on any one of the following three grounds for divorce:
- separation for a period of one year;
- adultery; or,
- mental and/or physical cruelty.
While a one year period of separation is usually established on the word of the person applying for a divorce, the court will usually require a stricter standard of proof where the grounds for divorce are adultery or cruelty.
Where there are dependent children, the court will not grant a divorce unless it is satisfied that reasonable arrangements for the support of the children have been made. This requirement usually means that the parties will have to establish that child support is being paid in accordance with the Child Support Guidelines; see Spousal & Child Support.
An uncontested divorce means a divorce where the grounds are not disputed or are admitted and there are no other issues in dispute between the parties, such as spousal or child support, custody and access, or property division.
See our FAQ on this topic.
Note: The information provided above is general information only and is provided as a public service. For detailed information and advice with respect to your specific circumstances, please contact our office for an appointment.
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