Scarborough Divorce Lawyers
When there has been a breakdown in a marriage and there is no possibility of reconciliation, divorce is the legal option for terminating the marriage. In Ontario, a divorcing couple must live separate and apart for at least one year before a divorce will be granted. There are exceptions for situations where a person has committed adultery, or where a spouse subjects the other to cruelty.
The couple can separate and start this waiting period before filing for divorce. All they need to do is show when they separated and started living apart.
Some couples will choose to remain in the same home if they have minor children or for financial reasons. As long as they are living separate lives apart from each other, this too counts towards the one-year waiting period.
In cases where the couple is willing to negotiate in reaching various agreements, the divorce proceeding is considered an amicable or uncontested divorce. Uncontested divorces are less expensive and faster to resolve.
In cases where the couple is not in agreement and refuse to work together, it is considered a contentious or contested divorce. Contested divorces are more complex and can take longer to resolve.
The First Steps in the Divorce Process
The first step is to meet with our divorce lawyer in Scarborough. You will need to submit an Application for divorce to the court. The other party will also need to be notified of the divorce. The other person then has 30 days to respond and file an Answer with the court.
Any immediate concerns can be resolved through motions to the court, such as:
- Interim Child Custody and Access
- Interim Child Support
- Interim Spousal Support
The entire court process takes between 3 and 4 months in amicable divorces and much longer in contentious divorces.
For further questions about divorce or help filing for divorce, contact our family law firm to speak with our Scarborough divorce lawyer today!