When and how to file for a divorce in Canada?

  • 1 year ago

Sometimes divorce is a healthy way to end things between the spouses. But out of the blue, after a little argument, you cannot ask for a divorce. You need to have proper grounds and conditions to file for divorce.

If you have children, then you need to review all the terms and conditions of alimony and child support. Talk to your legal advisor and sort things out, clear all the confusion.

Otherwise, divorce will be such a burden on your shoulder. Read our discussion to get a primary idea on when and how to file for a divorce in Canada.

When and how to file a Divorce?

If you are not happy in your marriage and did everything to save your marriage; then you do not need to bear a loveless marriage and end the mental peace. There are some ground rules in Canada. If they match your criteria, talk to the lawyer and start the divorce process.

When to file for a divorce?

1. Adultery

If you found out that your significant other is committing adultery means having one or more illicit affairs behind your back, then you have every right to file for a divorce.

2. Sickness

If your partner is mentally or physically sick, and it is also hurting your mental health, then you can file for a divorce. Of course, an ideal partner will stay beside and help the other one. But there is also a loophole.

If their mental or physical pain is hurting and making bad effects on your health, you have every right to get away from that marriage.

3. Cruelty

Now, this opens several points describing an unhealthy and cruel marriage. The other half may harass you mentally, physically, or sexually. The victim could be the wife, girlfriend, husband, boyfriend, your children, or even any other relative under 18 years old. Forcing on physical relation is also a crime.

The physical abuse such as hit, punch, kick is the first-degree crime. If the partner is mentally harassing the other one for having advantages will be considered as domestic violence.

If anything happens like that to you or your closest ones, ask for the legal help from police and approach to file for a divorce.

4. Separation

If you are separated for one year or more and have no relationship between you, you may file for divorce.

How to file for a divorce

a. Filing for divorce

A notice of a divorce claim is filed in court. If you are the one who filed the divorce, then you are known as the plaintiff, and you will be called the defendant who attained the criminal observance.

You will also want to nominate your lawyer after that, in any situation, and review all the process papers in a unit, so that you may not have to omit the crucial points.

There are two ways to complete the paperwork. If one spouse prepares the whole paperwork with the help of his/ her legal advisor, then the other spouse is served with the legal notice and divorce paper.

On the contrary, if both of them work mutually on the paper and go to court to submit the paper, then everything goes smoothly and without any hesitation. Remember to put every detail very carefully, such as dates, places, names, and addresses.

b. Legal notice to your spouse

Your partner must have wanted to know if you had taken any disciplinary action. This is when you turn over the records directly to your wife or employ an agent or postman.

But don't give them through mails, since they may get lost in mails. If your spouse is out of the country, then ask the judge to apply for another sending process.

c. Spouse's claim and child support

Your partner can challenge the grounds before going to court. You ought to find a solicitor in this situation, and that could take months to complete. The conflict may be land or custody of children.

If she contests, it will form a defensive protest. Around the same time, if he/she is not okay with your purposes, your partner can file a counter charge.

If your child is minor, both of you (spouses) need to pay for your child. Otherwise, you may end up in jail. After the child is an adult, you do not need to carry their expanse.

Also, you cannot spend the child support money for your personal use. You have to keep records of how much you are spending on their food, housing, and education.

d. Divorce trial

if the divorce and alimonies are not mutually settled, the case gets dragged into court on several hearings. Then you must hire a divorce lawyer to represent you. It is better for both of you to solve mutually.

e. Divorce papers

After the signing, you get 90 days, and that time you can stay under one roof. If it fixes at the last moment, it is good. If not, this is also good and healthy.

After 1 year of the hearing, the divorce paper is supplied to both the partners with proper agreements and payment papers as proof of your separation.





Some partners think divorce is the end of their lives, will hurt their reputation, and if the underaged children are there, then they avoid divorce thinking about societal status. Now, as you know when to file a divorce, you can make the right decision.

Trust us, living in a loveless and violent marriage, may cost your life's happiness. Our suggestion for you is to take legal advice, walk away what is hurting you (if you cannot fix internally), and strive for a happy life somewhere else.