What Courts Consider Before Granting a Divorce

Divorcing can be tough, especially when it comes to child custody and splitting family property. While divorce is a basic idea, some requirements need to be met for a court to grant a divorce. Couples, for example, are frequently required to live apart for at least one year, but they can squabble over the precise date of separation. And courts won’t finalize a divorce without a resolution of child support.

Here’s an overview of what Ontario courts consider when they’re deciding whether to grant a divorce, including the top legal factors, how separation is defined and the significance of making sure kids have enough financial support.

Legal Grounds for Divorce

The cause might be the couple’s strained relationship; however, the wrongdoing of adultery had nothing to do with the collapse of your marriage. This is demonstrated in one of three ways:

• The husband and wife have lived separately for 1 year.
• One spouse committed adultery.
• One spouse subjected the other to physical or mental cruelty.

Living apart is more than being in separate homes — it’s also about ending the emotional and practical elements of a marriage. That is sometimes obvious and other times disputed, with couples unable to agree on when the separation actually began. On some occasions, the courts define separation as a gradual process that is dependent on the couple’s actions and intentions to arrive at a specific date.

How Courts Choose the Separation Date

Judges rely on certain factors to determine when a couple actually started living apart. They look at:

• Living arrangements.
• Habits of the relationship, as sharing finances or time.
• A statement or behaviour that displayed one spouse’s intent to dissolve the marriage.

For instance, a spouse can come right out and say the marriage is over, or their actions can demonstrate that they have made up their mind to part ways. The unique facts in each case determine the result.

Ensuring Support for Children

Children’s financial welfare is part of the courts’ top priority in separation. To accept a divorce, they must verify that proper child support arrangements are being made. The divorce can be stalled if these arrangements do not exist. The law puts the needs of children first, reflecting the dependency they have on equitable financial division of assets after a marriage breakdown.

Moving Forward With Divorce

The most used path to divorce is demonstrating that a couple has been living apart for at least one year. But courts will always make sure children are supported financially before granting a divorce. In conformity with the Divorce Act, these rules assist in safeguarding both spouses and any children involved.

Divorce is never an easy time for families, but you don’t have to face it alone. At Kalia Law, we ensure that you understand all of your rights and obligations, and we will lead and assist you through the process from start to finish. Call us now to book an appointment!