Articles

The process of filing for divorce in montreal

by Oliver P. Hard Work is the Guarantee of Success
The definitive dissolution of a marriage is through divorce. Divorce is never a simple process. Not only is it a time-consuming but also an emotionally exhausting process. If you want to sail through the process of divorce without hiccups in Montreal, you need to seek the counsel of a well experienced family lawyer. This article takes you through what you need to do when filing for divorce in Montreal. The article focuses on legal services that Schwalblegal Company offers to clients who want to file for Montreal divorce.

Understanding conditions for divorce application

The general rule when applying for divorce Montreal is fulfillment of certain conditions as outlined below:

  •  Marriage between you and your spouse is legal and in accordance with the laws of Canada.
  •  You are legally married in accordance with the laws of a different country and the marriage is recognized in Canada.
  • The marriage cannot be saved; it has broken down.
  • Prior to making a divorce application, you and your spouse must have resided for a full year in the respective Canadian province where you file for divorce.

divorce montreal

What are the grounds for divorce?

Can I file for divorce for whatever reason? This is a question that many people seeking to file for divorce in Montreal ask. In the legal profession, the reasons for filing for divorce are known as grounds. Under the Divorce Act, marriage breakdown is the ground for a divorce. Under this act, one can show there is marriage breakdown under the following three circumstances: 

  •  You and your spouse have been living separate for at least one year.
  •  Your spouse has acted in a cruel manner towards you making it difficult for you to continue living together with him or her. The cruelty can be either mental or physical.
  •  If your partner has cheated on you (committed adultery).

If a divorce application is based on living apart for one-year, it is still possible for reconciliation to happen. A couple can live together for up to 3 months prior to or after filing for divorce in an effort to reconcile. If reconciliation fails, one can proceed with the divorce process as if he or she did not live together with the spouse. Below is a further look at the three grounds for divorce.

Living apart for one year or more

Living apart is an indication that a couple does not have intentions of living together again or be involved in one another’s lives. Living apart is easy to prove more so if spouses live in different houses. Nonetheless, a spouse can proceed with divorce even in cases where by the spouses live in the same house. The spouse can prove the intention to live separately by showing: 

  • Each spouse lives in his or her own separate room.
  • Sexual relationship does not exist.
  • Communication is very little or poor.
  • Household chores-cooking, laundry are performed separately.
  • Separate social lives.

Adultery/cheating.

Adultery as a ground for divorce is only applicable to the spouse who was cheated on. Unless this spouse decides to forgive the cheating spouse, adultery ceases to be a ground for divorce. 

Physical or mental cruelty

Physical cruelty is where a spouse beats or sexually abuses his or her spouse. Mental cruelty includes humiliation, unfaithfulness, insults, harassment or threats to a spouse. In deciding if cruelty has become unbearable for the mistreated spouse, a judge uses the following considerations: 

  • The frequency of the cruelty.
  • The impact on the affected spouse.
  • Whether it was intentional.
  • The actions of the cruel spouse.
  • The personality and socio-economic status of each spouse.

How do you commence the divorce application process?

Basically, you need to fill the necessary forms then file them in court. You can access divorce application forms from the courts or the office or website of your specific provincial ministry of justice or the Attorney General. At this stage, you need to involve a family lawyer. Remember divorce is under family law. You have to be sure that you are following all the family law rules that govern the process of divorce. You can only achieve this by soliciting the assistance of a family lawyer such as one from Schwalb Company. The lawyer will enlighten you on issues to do with your rights and responsibilities. Besides, the lawyer also informs you of any other documents that you should present to court.

Another matter to bear in mind when applying for divorce is issues to do with spousal support, property issues, child support and custody and parenting arrangements. You and your spouse ought to reach an agreement with respect to these issues. If you fail to reach an agreement, seek the intervention of the court though this may make the divorce process more time consuming.

How long does a divorce take?

As stated at the beginning, divorce is a time consuming process. A divorce can drag on for weeks, months or even years. The duration of a divorce is dictated by a number of factors:

  • Does a couple reach an agreement on matters arising from the divorce? Where the couple does not agree on matters arising from the divorce, the case can drag on for years before a final decision is offered by the court.
  • The major reasons for a divorce.
  • Ease of access of documents and evidence required for the divorce.
  • The speed with which a court hears a divorce request that has been filed.

Exceptions in filing for divorce

Only Canadian residents are eligible for divorce application in Canada. According to the Divorce Act of Canada, you cannot file for divorce if neither you nor your spouse are Canadian residents. However, you can dissolve your marriage under the Civil Marriage Act. Under this act, a couple must satisfy the following criteria:

  • Your marriage took place in Canada
  •  Your marriage cannot be dissolved in the country where either you or your spouse resides because your Canadian marriage is not recognized in that country.

In summary, http://schwalblegal.com/family/ divorce in Montreal requires total adherence to the legal guidelines that pertain divorce cases. The expertise of an experienced family lawyer is needed. This reinforces the importance of seeking legal experts from Shwalblegal Company. The experts will offer professional support and guidance in matters regarding divorce settlement negotiations and drafting separation and divorce agreements.

Sponsor Ads


About Oliver P. Innovator     Hard Work is the Guarantee of Success

11 connections, 0 recommendations, 58 honor points.
Joined APSense since, December 20th, 2016, From Sydney, Australia.

Created on Feb 9th 2018 09:43. Viewed 562 times.

Comments

No comment, be the first to comment.
Please sign in before you comment.