What Courts Consider Before Granting a Divorce
Divorce can be a challenging process, especially when it involves child support, and dividing family property. While the act of ending a marriage may seem straightforward, there are important conditions that must be met before a court will approve a divorce. For example, couples often need to live apart for at least one year, but disputes can arise over the exact date of separation. Additionally, courts won’t finalize a divorce unless child support issues are resolved.
Here’s a simple breakdown of what Ontario courts look at when granting a divorce, including the key legal requirements, how separation is determined, and the importance of ensuring children’s financial needs are met.
Legal Grounds for Divorce
Under Canada’s Divorce Act, courts can grant a divorce if there’s been a breakdown of the marriage. This is proven in one of three ways:
- The couple has lived apart for at least one year before the divorce proceedings.
- One spouse committed adultery.
- One spouse treated the other with physical or mental cruelty.
Living separately isn’t just about being in different homes—it involves ending the emotional and practical aspects of a marriage. Sometimes, this is clear; other times, couples may not agree on when the separation started. In some cases, courts consider separation as a gradual process, requiring an exact date to be determined based on the couple’s actions and intentions.
How Courts Decide the Separation Date
Courts use specific factors to figure out when a couple officially began living apart. They look at:
- Living arrangements.
- Relationship habits, like sharing finances or spending time together.
- Statements or actions showing one spouse intended to end the marriage.
For example, a spouse may clearly state the relationship is over, or their behavior may show they’ve made up their mind to separate. Each case is judged individually based on its unique facts.
Ensuring Support for Children
Children’s financial well-being is considered an utmost important part of the separation process by courts. Before granting a divorce, they must confirm that reasonable child support arrangements are in place. If these arrangements are missing, the divorce may be delayed. The law prioritizes the needs of children, recognizing that they depend on fair financial arrangements after a divorce.
Moving Forward With Divorce
The most common path to divorce is proving the couple has lived apart for at least one year. However, courts will always check that children are cared for financially before approving the divorce. By following the Divorce Act, these rules help ensure that both spouses and children are protected throughout the process.
Divorce is a tough time for families, but you don’t have to face it alone. At Kalia Law, we guide you through every step of the process, making sure your rights and responsibilities are clear. Contact us today to schedule a consultation!