Divorce can be a chaotic and emotionally overwhelming experience. Dividing up your Peace River estate figuring out who gets what and sorting out the responsibilities of each party can cause a lot of stress. And if there are children in the picture it’s even more complicated! A custody battle can tear an already fragile family to pieces.
To make sure that everything is done fairly and properly it’s important to hire a lawyer. Verhaeghe Law Office will handle all the complicated parts of Canadian divorce law that make divorces even more stressful than they already are. That way you can focus on the things that are important to you.
Grounds for Divorce
Before contacting a divorce lawyer it’s best to figure out whether you can file a divorce. Because marriage is a legally binding contract divorce can only be granted by a Court Order. In Canada The Divorce Act stipulates that a divorce can only be granted if there has been a marriage breakdown. Canadian divorce law states that there are three ways that a marriage breakdown can happen. These can be used to establish the official grounds for divorce:
- Separation
- Adultery
- Cruelty
Let’s take a look at each of these grounds for divorce.
Separation
Separation can mean two things. Either each party has been living in separate homes or they have been living in the same home but do not interact sleep in separate rooms do not eat together etc. In many cases married couples will opt to separate for a period of time before starting a divorce. This allows them to decide whether divorce is the best option for them. If it is the separation can be used as proof that a divorce is necessary.
If there are children involved it’s possible to get interim orders for custody. That way you don’t have to wait for the divorce to figure out how responsibility will be arranged for the children.
Adultery
Adultery is where one married party engages in intimate relations with someone outside the marriage contract. Only the spouse who has not committed adultery can file a divorce on the grounds of adultery. This means that the spouse who cheats on their partner cannot file a divorce on the grounds of their own adultery. The divorce must be filed by the other partner.
In some cases the spouse accused of adultery may deny it. Then it will be necessary to prove that adultery actually occurred. Proving adultery in court can be time consuming and expensive. In Peace River Verhaeghe Law Office is your best bet for an uncomplicated divorce.
Cruelty
If you accuse your spouse of cruelty it is necessary to prove that it is no longer possible for you to live with them. To file for divorce on the grounds of cruelty the living situation must be intolerable. Due to the nature of such accusations this can be difficult to argue in court. It is highly recommended to get a lawyer before filing for divorce on the grounds of cruelty. Moreover if there are domestic abuse allegations the case will likely become a criminal case.
Contact us Today!
Verhaeghe Law Office has been the number one choice for divorce lawyers in Peace River for many years. Contact us today if you are considering filing for divorce and need professional advice or representation.