Either you or your spouse can apply for a divorce. This is usually done when all of the other issues have been settled by a separation agreement or court order. The most frequently used ground for a divorce is marriage breakdown by reason of a separation of at least one year. In this case, the application can be made by either spouse. It is also possible to apply for a divorce based on adultery or cruelty. The divorce application is filed by our firm in the court, and a copy is served on the other spouse.
Following the service of the divorce application, the spouse who made the application files the required affidavit and other documents in the court registry asking for an order for divorce. An official at the court checks the documents and if they are complete takes them to a judge who, in due course, dates and signs the divorce order without the need for the parties or their lawyers being present. The divorce takes effect thirty-one days after the date of the divorce order. When this time has expired, an application can be made for a certificate of divorce that is required in order to remarry. You should contact a lawyer at our firm if you would like to obtain a divorce.
Sometimes in spite of our best efforts and multiple resources, a negotiated settlement cannot be achieved or will not result in the best possible outcome for you. Sometimes the other side is simply intransigent. Our family law group can navigate you through the often turbulent family court system. Here, our experience in advocacy shines through. We have court room experience in all levels of court from the Ontario Court of Justice and the Superior Court of Justice to the Court of Appeal and Supreme Court of Canada.