Divorce Is Never Easy
Divorce is never easy. In our current “No Fault” system, couples must wait a minimum of one year prior to being granted a divorce. Additionally, resolving all outstanding issues that arose as a result of the relationship breakdown including: parenting time, support issues, equalization etc. require a court order or separation agreement.
What Are The Common Grounds For Divorce?
Ontario (and the rest of Canada) has a no-fault divorce rule. Under the Divorce Act, there is only one ground for divorce: the breakdown of the marriage. You can prove your marriage has broken down if any of the following applies:
• You and your spouse have been living apart for at least one year.
• You have been abused physically or mentally by your spouse. This means that one spouse was verbally or physically abusive toward the other spouse or toward the children of the marriage. It can also include emotional abuse, such as constant criticism or belittling comments.
• Your spouse has committed adultery. This means that one spouse had an affair during the marriage. It can be used as grounds to end the marriage, even if the affair did not affect the marriage in any other way.
What Are The Costs For Divorce?
No two divorces are alike, so the cost can vary greatly. However, there are some common expenses that are typically incurred during the process.
1. Lawyer’s fees: Both parties usually retain their own lawyer to handle the legal aspects of the divorce. Lawyer’s fees can be one of the biggest expenses in disolving a marriage, and they can vary greatly depending on the complexity of the case and the lawyer’s hourly rate.
2. Court Costs: There are also court costs (disbursements) associated with filing the paperwork for Divorce and attending any hearings or trials. These costs can include filing fees, deposition fees, and even expert witness fees.
3. Equalization Process: If the couple has any property or assets to equalize, there may be additional costs such as appraisal fees or real estate agent commissions.
4. Child Support/Spousal Support: If there are children involved in the divorce, child support payments may be applicable, depending upon the residency of the Children. Spousal Support may also be an issue if one spouse is financially dependent on the other.
If you are considering getting a Divorce, please reach out to Foote Law Family Law Firm, or check out our FAQ page for more information.
