Divorce Terms and Definitions

This article discusses different terms used in divorce and in the divorce process and how such terms affect one’s divorce. 
 
When considering a divorce there are factors that affect the divorce process and terms that may not have immediate meaning to you. Therefore, it is important to familiarize yourself with the definitions and meanings of different terms in divorce and realize how these will affect your divorce and the divorce process. Basically a divorce is a legal process of ending a legal marriage. The divorce process begins through a separation process. Separation is where by the spouses live separately for a minimum of one year at different addresses and cut ties from each other or they live at the same address or in the same house but live separate lives. The spouses in the same house sever all ties to each other, such as they do their laundry, groceries, cooking etc. separately, they have different social circles and barely if ever speak to each other.
 
The second route one can follow to obtain a divorce is through using the grounds for divorce therefore, the divorce is based on a breakdown in the marriage as a result of one of the spouse’s fault. There are two grounds for divorce, these are:
 
Adultery – where one spouse sleeps with another person or has an extramarital affair. The spouse that is a victim of the adultery must have proof of the adultery so that the grounds stand. 
Mental and physical cruelty – this involves forms of abuse by one spouse towards the other, such abuse includes physical, emotional and mental abuse. The spouse that is the victim of the cruelty must have proof of the cruelty so as to use this as grounds for divorce. 
 
At times both spouses want to end the marriage as a result of a breakdown of their marriage to the point that the marriage becomes irreparable. Therefore, both spouses sign and swear the divorce papers and this is legally termed a joint divorce. In a joint divorce none of the spouses are suing the other for the divorce.
 
An uncontested divorce is one where the spouses agree on all the issues relating to the divorce. This occurs where one spouse files for a divorce and the other spouse fails to file an answer to the divorce, in such cases the court finds the divorce uncontested. The failure of the other spouse to file an answer to the divorce automatically makes him or her in agreement with the divorce. Issues agreed upon in an uncontested divorce are:
 
Child custody and access
Child support
Spousal support
 
Such agreements are enforced through the separation agreement or court order. Where all issues are agreed upon the court will generally process the divorce in ways that do not require the divorce parties to appear in court. 
 
A contested divorce occurs when the spouses disagree on some or all of the issues within the divorce. In most cases disagreements arise from issues relating to child and spousal support, divisions of gains of the marriage, and child visitation schedules. For assistance handling a contested divorce find the best divorce lawyer in Toronto. 
 
For help with divorce in Ontario, the author recommends the DivorceGo.