Divorce Issues?

Q: How long does it take to get a Divorce?

A: The entire process takes between 3-6 months if your spouse lives in Ontario and there are no problems with the Divorce materials (ie. serving your spouse, rejection of the Divorce materials by the court for deficiencies etc.).

Q: Can my spouse prevent me from obtaining a Divorce?

A: In Canada, Divorces are granted on a “no fault” basis. If you want a Divorce, a court will grant you a Divorce. A court will only refuse to grant a Divorce if the Judge is not satisfied that there are proper provisions in place for the support of the Children (ie. a spouse is not paying child support).

Q: What if I am living in a “common law” relationship with another individual, do I have any rights?

A: There is a difference between how the law treats “married couples” and “common-law couples”. “Common law couples” can be defined as “two persons who are not married to each other and have cohabited either continuously for a period of not less than three years or are in a relationship of some permanence and are parents of a child”. “Married couples” have greater rights under the Family Law Act . Although “Common Law couples” have rights to spousal support just like “married couples”, the Family Law Act does not provide for a scheme of division of property as between “Common Law couples”. As a result, it can be very complicated to divide property as between “common law” spouses. It is critical to consult a lawyer. In order to terminate a “common law” relationship, it is possible to enter into a Separation Agreement, but you do not require a court document to terminate your relationship.

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