There are various legal grounds for divorce in Canada. The most common one is when there has been a breakdown of the marriage relationship to the point where it is impossible to continue. Other reasons include adultery, mental or physical cruelty, and desertion. This article walks you through the legal grounds for divorce in Canada.
When it comes to divorce, the first thing you need to understand is that there are different types of divorce. The two main types are absolute divorce and divorce from bed and board. An absolute divorce dissolves the marriage completely, while a divorce from bed and board is a legal separation.
Grounds For Absolute Divorce
The most common type of divorce in Canada is an absolute divorce. To get an absolute divorce, you must meet one of the following grounds:
– There has been a breakdown of the marriage relationship to the point where it is impossible to continue. This is the most common ground for divorce.
– One spouse has committed adultery.
– When a partner has been physically or mentally cruel to the other spouse.
– A spouse has deserted the other for at least one year.
– The spouses have lived separate and apart for at least one year. This ground is applicable when the couple is unable to agree on a divorce.
If you are looking to file for divorce, you will need to speak with a divorce lawyer. A divorce lawyer can help you determine whether you meet the grounds for divorce and can help you through the process.
Grounds For Divorce From Bed and Board in Canada
A divorce from bed and board may be granted on the following grounds:
– One spouse has deserted the other without just cause for a period of at least one year; or
– One spouse has been guilty of cruelty, whether mental or physical, to the other spouse, such that the latter cannot reasonably be expected to live with the former.
– One spouse has been confined in a prison or mental hospital for a period of at least one year immediately preceding the application.
If you are looking to file for divorce from bed and board, you will need to speak with a divorce lawyer. A divorce lawyer can help you determine whether you meet the grounds for divorce and can help you through the process.
Why Should You Hire a Divorce Lawyer in Canada to Represent Your Case?
If you are looking to get a divorce, it is important to hire a divorce lawyer to represent your case. A divorce lawyer will be able to help you understand the grounds for divorce and will be able to help you through the process. They will also be able to advise you on what to expect and will be able to negotiate on your behalf.
It is important to note that not all divorce lawyers in Calgary are the same. You should do your research before hiring a divorce lawyer and make sure that they have experience in family law.
If you are considering getting a divorce, please contact our office for a free consultation. Our team of experienced divorce lawyers in Calgary would be happy to assist you.
When seeking a divorce, there are two types to be aware of – absolute divorce and divorce from bed and board. The most common type of divorce in Canada is an absolute divorce. This type of divorce takes place when the marriage relationship reaches a point where it is impossible to continue, adultery, physical or mental cruelty, desertion, or living separate and apart for at least one year. If you are looking to file for divorce, you will need to speak with a divorce lawyer who can help determine if you meet the grounds for divorce and can assist you through the process.
Conclusion
If you are considering divorce, it is important to understand the legal grounds for divorce in Canada. The most common ground for divorce is marriage breakdown, which can be based on either adultery or separation. Other grounds for divorce include mental cruelty, physical cruelty, and incurable insanity. If you have any questions about the legal grounds for divorce in Canada, please contact a qualified divorce lawyer in Canada.
