As per the federal law of Canada which came into force on 1st June 1986, you must start with the process of divorce with an application. You must meet certain criteria in order to be eligible in order to apply for a divorce application. The first criteria are you must prove or have enough evidence that you and your spouse are married legally as per appropriate law in Canada, or as per the law of another country which is recognised by the government of Canada. Now that you intend a divorce, you are already separated or live separately for the last one year in Canada or in one of the provinces or territories of Canada where you have now applied for divorce. You will have to show solid ground or grounds for divorce as per the specifications in the law. Contact Andrew Heft family law attorney for your divorce related complications and get appropriate assistance for your divorce easily and quickly.
The federal law of Canada has no-fault divorce. The only and basic ground for divorce in Canada is the intention of marriage breakdown. While applying for divorce you may state that your marriage has already broken down and you seek a divorce for the grounds like you have been living separately for the last one year, and/or your spouse was or has been cruel physically or mental, or/and your spouse has an extra-marital sexual relationship or has committed adultery.
In the case of application on the ground of living separately for the last one year, you can live for 90 days together for further reconciliation with a positive expectation that you may again come together and live a married life.
The divorce law goes under the Federal Act, but the provinces do the necessary process of the jurisdiction. You will have to start with the application in the province where you live. You or your lawyer should fill the appropriate form and file in the court and pay the fee to start with the divorce processes. You should consult a lawyer before you start with the process of divorce.
You can get the right application form for your divorce withers from the website or the office of the attorney general, or court, or even from bookstores. This process under the Civil Marriages Act ends your marriage but it does solve other issues like child support or spousal support etc. You must solve these issues as per the law in the province you live In order to undo the divorce, you will have to again apply in the upper court in the province where you live.