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Marriage breakdown is one justification for divorce. If an individual seeking
divorce can prove that they have lived separate and apart from their spouse for
at least one year, the court accepts the breakdown of the marriage.
An individual can seek divorce without a one year separation if they can prove
their spouse committed adultery. A divorce can also be sought prior to a one
year separation if a spouse was mentally or physically cruel.
Canada recognizes Common Law Marriage (cohabitating without being legally
Certain laws regarding cohabitation and division of property vary
according to province.
Canada believes parental financial support is a child’s right. When
parents reside together, such is normally not an issue.
children, however, live with just one parent, the other is required to
also contribute financially. In the late 1990s, in order to lessen
conflict, Canada established a set of Guidelines that set basic child
support amounts and recommended resolution.
In most cases, parents followed the guidelines and agreed upon
disagreements arise and one parent may need the court’s
The non-custodial parent may suddenly refuse to
forward support payments, a parent may lose their job or suffer a
disability, or one parent may use visitation to affect support. There
are many possible situations.
A Lawyer is not absolutely necessary to file for divorce on grounds of marriage
breakdown, however, it is always best to consult with one to discuss your rights and
make sure they are protected and that you receive all you are entitled to receive.
Divorce on grounds of adultery or physical or mental cruelty or issues relating to
child support are more complicated and having legal representation provides
advantages. It makes sure your side is properly communicated. Lawyers understand
the rules and laws that pertain to your side. And, a lawyer will make sure that there
are no errors.
Most importantly, lawyers also take some of the stress of off
Family legal matters are one of the worst situations any person can
experience. Having a lawyer handle the paperwork, legal issues, and all
communications from the other side can greatly ease some of the strain.