If you want to get divorced in Canada, you have to follow the provisions of the Divorce Act which is the federal law that governs all divorces in the country. According to this act you have to show that there has been a breakdown of the marriage before filing the divorce application. Two main legal reasons are cited for the break down; it can be either a marital offence by a spouse or separation of the marriage partners for at least a year, with the notion that your marriage has ended. There are other reasons too. Your spouse has committed adultery and you are not willing to forgive him/her or he/she has been mentally and physically cruel to you, making it impossible for you to continue living together. Cruelty can be either being physically violent or causing extreme mental torment.

In order to be qualified to get divorced in Canada you got to meet certain conditions. To begin with the spouses ought to be legally married in Canada or some other country. Then it must be your intention to live apart from your spouse without any hope of ever living together again; or you have already left your spouse with no intention of reuniting with the person again. The couple should have been living in a Canadian province or territory for not less than one year prior to submitting the divorce petition. However, the law does not require you to be a Canadian citizen for applying for a divorce in the country.

If you want to get divorced in Canada, it is wiser to consult a lawyer who is at home with family law. This lawyer will inform you how the law is applicable to your own special situation and how to safeguard your rights. A decision can be made after this. The next thing to do is to complete the necessary divorce forms meant for your own state or territory. If you have engaged a lawyer, he/she will complete the divorce forms on your behalf. You can buy these forms from a government or private bookstore or even online. They may be also be had from court houses or information centers dealing with family law.

Certain information is to be included in the legal forms at the time of completing them. If then marriage has produced any offspring, don’t forget to specify the arrangements for parenting along with information on financial support. If the couple cannot agree on these arrangements, you got to state the sort of arrangements that you are seeking. After completing the forms, submit them to the courthouse, paying the needed court fees. Then pursue the legal rules and procedures prevalent in your province or territory.

After the court receives the legal forms, a date will be set for trial; during this trial you got to clarify your case before the court. If necessary, you can call in witnesses to prove your case. The judge will make a decision on those issues the spouses cannot come to an agreement. Then the court reviews the information furnished by you to ensure that you have complied with the legal requirements of the divorce and allow a divorce. The judgment comes into force only after 31 days have elapsed after the judge signs the divorce order. Then it is time for you to apply for a Certificate of Divorce which you need if you ever want to get married again in Canada.

Find out more about how to get divorced in Canada.

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