Press Release (ePRNews.com) - TORONTO - Sep 18, 2017 - Parties to a divorce are faced with a number of unanswered questions as they go through the process of divorce. As a result, some parties who do not find these answers, make bad decisions in respect of their divorce. This article will discuss frequently asked questions (FAQ) in respect of divorce, separation and divorce proceedings with responses provided by an attorney and spokesperson from the Bluetown Law Firm.
How do I get a divorce? Do I have to be separated first?
It is important to understand that getting a divorce primarily depends on your situation and your reason for getting a divorce. If an individual is a victim of either adultery or cruelty, i.e. intense physical and emotional abuse experienced at the hands of one’s spouse which makes continued living together intolerable, then it may be possible for you to obtain a divorce instantly. However, in respect of these two grounds for divorce, it is difficult to prove, and thus requires convincing circumstantial evidence. The attorney stated, “If the reason for your divorce is based on the fact that you and your spouse no longer love each other or do not get along anymore then, there is a mandatory 1-year separation period that must be satisfied by both parties.” The attorney further stated, “Parties to a divorce must be aware of what constitutes separation for the purposes of divorce because it is possible for both spouses to live in the same house and yet be considered to be leaving ‘separate and apart’ as outlined in the Divorce Act.”
I am thinking of leaving my spouse, what should I do to protect myself and my children?
If the reason for your divorce is based on the fact that you and your spouse no longer love each other or do not get along anymore then, there is a mandatory 1-year separation period that must be satisfied by both parties.
Depending on the situation that you are faced with, this will determine the action that you should take. The first thing to do is to seek legal advice, that legal advice is available from a simple divorce lawyer in Toronto. In the case where your spouse is abusive or there is a threat of violence against you and your children, then it is of the utmost importance that you get a restraining order against your spouse. Further to the restraining order, it is necessary that you bring ‘an urgent application for interim custody of the children, you may even get interim support for the children and yourself, if you are a dependent spouse, and exclusive possession of the matrimonial home’. The attorney stated, “It is important that spouses be aware of the fact that receiving exclusive possession of the matrimonial home requires adhering to a very stringent test and therefore, such an order will only be awarded under certain circumstances where it is absolutely necessary. The reason is that the courts are reluctant to kick an individual out of his or her home. Section 24(3) of the Family Law Act, R.S.O. 1990 c. F.3 and courts usually take into consideration the following criteria:
- The best interests of the children affected
- Any existing orders in respect of family property and support orders
- The financial position of both spouses
- Any written agreement between the parties
- The availability of other suitable and affordable accommodation
- Any violence committed by a spouse against the other spouse or the children
For legal advice in respect of a simple divorce in Ontario, Canada, seek out a law firm of renowned professionals for assistance.
About the Company:
The Bluetown Law Firm is a law firm of renowned professionals who specialize in family and divorce law. The law firm has a track record of success in dealing with divorce and bringing the best outcome in a divorce. For an uncontested divorce lawyer in Ontario, seek out the Bluetown Law Firm for a free first consultation.