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Every year, thousands of Canadian couples get divorced and most of these divorces take place in Ontario and Quebec. Generally, the Canada divorce law is standard with little variations in different provinces. These variations apply to parents who are separated without a divorce. The Divorce Act of Canada allows couples to file for divorce based on breakdown of marriage which might be evident from separation of the couple or based on adultery or any other legitimate grounds.
Application
Applying for divorce is not a difficult process. However, it will be better for you to hire a professional and competent divorce lawyer as he or she will be knowledgeable of the changing laws regarding divorce and will be in a better position to guide you.
Eligibility
A couple may file for divorce in Canada if they were legally married in Canada and intend to separate from each other. Also, it is necessary to have lived in a Canadian province for about one year; however, it is imperative to note that the Canada divorce law does not require the couple to be a citizen of Canada.
You may be eligible to apply for divorce if you have been a subject of physical or mental abuse from your spouse. In this case, it is important to prove cruelty and abuse from your spouse.
According to the Canada divorce law, a person may also be eligible to file for divorce if he or she has been a subject of adultery and cannot forgive such an act. In this case, however, you will have to provide substantial proof for adultery.
Time
To be eligible for divorce in Canada, it is necessary for the couple to have been separated for a year before applying for divorce. However, if not, the couple may still apply for divorce and stay separated for at least a year and may live together for a period of 90 days for settlement purposes. However, if the 90 day period does not yield any positive results, the divorce application will still be valid.
The Canada divorce law is simple and easy to understand as it allows you to file for divorce in the event of any injustice laid upon you during your marriage.
Written by Divorce Lawyer on April 22nd, 2011 with
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