If you are contemplating a divorce, you aren’t alone. According to the latest data, nearly 40% of married couples in Canada file for divorce before the 30th anniversary. The divorce rate has been steady in most of the states, including Ontario. Divorce laws in Mississauga, Ontario, are the same as the federal Divorce Act in Canada.
You needn’t be a Canadian citizen to apply for a divorce in Ontario. However, there are certain requirements to fulfill this purpose. When you find the best divorce lawyers in Mississauga, ask these questions to make the best choice for your life ahead.
Who Can Apply For a Divorce
A person who wants to end his marriage through an Ontario court should meet three main eligibility criteria. Firstly, you should be legally wedded in Canada or any other nation.
Secondly, your intention to separate from your spouse is permanent without any possibility of you both getting back together. Lastly, both you and your spouse should have resided in Ontario for at least 12 months before the divorce.
Here, you have one exception to the residency requirements. If both of you live outside Canada in a country that doesn’t recognize your Canadian wedding, you can apply for divorce under the Civil Marriage Act and complete the procedure with existing forms in Ontario through the Ministry of Attorney General.
What Are the Reasons to Apply For Divorce
There is always a valid reason for the breaking of a marriage. According to the laws in Ontario, a divorce can be filed if you and your spouse have been living separately for one year. Also, if your spouse indulges in adultery or attempts physical or mental cruelty against you, apply for a divorce with the help of divorce lawyers in Mississauga.
How to Start the Process of Divorce
Begin the process of divorce by seeking legal advice from an experienced lawyer. They can explain the laws applicable to your case and protect your best interest within the gambit of the Divorce Act. The process includes filling an application form and submitting the same at the courthouse in Mississauga.
If you have a child, mention the details about the parenting arrangements and financial support in your application. Pay the required fees and follow the procedures as recommended by the court.
What Should I Expect as Financial Support From my Spouse
In some specific divorce cases, the law may require a person to provide spousal support, have a common-law relationship for a minimum of three years without kids, or a common-law relationship with children. If your child lives with you, laws entitle you to get child support from your former spouse.
The Family Responsibility Office (FRO) enforces the orders for child support in Ontario. It will collect the support money when the payor resides in Canada or the United States. If your spouse lives in a nation that isn’t in agreement with the Government of Ontario, the FRO will not be able to help you.
These are some pertinent questions to ask from your divorce lawyer before starting the legal procedures.