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May 16, 2020
They say adversity brings people together. The corona virus is testing that idea. Couples are home together around the clock, seeing sides of each other that never surfaced before the outbreak, and for some marriages the strain has been too much.
If you and your spouse have decided to file for divorce, you’re not alone. Conflict at home has climbed sharply during the pandemic, and separations have followed.
Even a simple divorce takes several steps to finalize, and the pandemic has added obstacles to filing that didn’t exist a few months ago. If you need legal advice, or counsel to represent you, call us. We’re happy to help.
Under the Divorce Act, the only ground for divorce is marriage breakdown, and any one of the following establishes it:
- Living apart for a year or more; or
- Physical or mental cruelty; or
- Adultery.
To apply for divorce, you must prove all of the following:
- • You and your spouse are legally married under the law and the marriage is recognized in Canada;
- • A breakdown of the marriage, most often proven by living separate and apart for at least one year;
- • Proof of residence for you or your spouse in the Canadian province or territory for at least a full year before applying for divorce.
Plenty of separated couples still live under the same roof. That’s where an experienced lawyer earns their keep, walking you through the factors courts may consider when deciding whether your separation is genuine, especially in a situation as unusual as this one.
Starting the application itself brings its own headaches. Which forms apply depends on your province or territory, and the paperwork has to be right the first time. A short conversation with a lawyer up front will save you from redoing it later.
As things stand with Covid-19, the courts are suspended until further notice, and courthouses should not be attended in person to file documents. Protecting the health and safety of all court users comes first. Filing still has to happen, though. At Kazandji Law Firm, our experienced family lawyers can prepare and file the court documents for your divorce, and getting the application right, with every relevant piece of material included, is exactly the kind of work we can take off your plate.
Contact Fadi Matthew Kazandji, family lawyer, at (647)-588-3234 to schedule a free consultation.
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