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Grounds for Divorce in Canada

Grounds for Divorce in Canada

Divorce is one of the scariest words that couples tend to fear the most. After all, everyone gets married with the mindset of staying together for the rest of their lives happily. But for some specific reason, the divorce rate in Canada is increasing day by day. Today we’ll share the top 3 grounds for divorce in Canada.

But we never know what ups and downs we need to face in the future, especially when life is full of uncertainties. However, without showing valid grounds for divorce in Canada, it will be tough to get one. And we all know how hectic and time-consuming the entire process can be.

That’s why, if you are also going through such a difficult phase, you should resort to an experienced lawyer and get a consultation. Stay with us patiently if you want to know more in-depth about the most common grounds that almost every couple in Canada tends to face.

Top 3 Grounds for Divorce in Canada

Any couple can get a divorce at any moment of their married life. In fact, the happiest and strongest couples in front of you can also get divorced for any reason at any time. There is nothing to be surprised about as you never know what the future has in store for you.

Every couple is different, and their reasons for getting divorced also vary—yet there are some common grounds following which a couple can appeal for divorce at any time.

Divorce is not a small thing that just you want to get a divorce; the court will grant it to you. In Canada, you need to clearly state the reasons while appealing for one.

After then, depending on the severity of your case, the court will take their final call whether to grant or reject your divorce appeal.

Let’s know about in detail, so you can get a clear concept about the top 3 grounds for divorce in Canada:

1. Abusive Relationship

The most heinous thing you can do to your better half is torturing them physically, mentally or perhaps both in the worst scenario. Abuse is abuse, and you cannot justify it irrespective of the situation that has caused you to take these drastic steps.

Moreover, it is also a crime by law and is enough to land you behind in jail. In this kind of case, you need to show solid evidence about the brutality you face in court.

Otherwise, without having any sort of evidence like bruises or hospitals reports and expenditures, it will be quite difficult to prove that you are a victim of an abusive relationship.

It is one of the most challenging and heartbreaking times that one person can find themselves—especially when it comes from the person supposed to love and take care of you the most.

So, if you have strong evidence to prove your grounds, you can definitely use it to appeal for a divorce as soon as possible in court.

One important thing to note is that this kind of divorce appeal can be extremely traumatic and expensive, depending on the severity of the case. That’s why it is better to be prepared to face any kind of situation. The more you will be ready, the lesser pain you will feel.

2. Infidelity

Infidelity is basically having an extramarital affair despite having a legal partner. So, if you have found your partner red-handed committing cheating with another person, then you can definitely use this ground for getting a divorce in court.

But only based on the mere suspicion, you cannot expect it as a ground to get divorced, you must have strong evidence that your spouse is having an affair behind your back.

This part is quite sensitive as here various kinds of emotions will play a quite big role. So, before taking the final call, make sure to verify it, and if possible, the best is to confirm it with your spouse. If it can be mutually solved, it’s better to solve it in this way.

However, if your spouse doesn’t want a divorce even after committing adultery, then collect evidence against them and thus using this ground appeal to the court to get a divorce. If the court thinks that you deserve a divorce, then you will certainly get a divorce.

3. One Year of Separation

Here, the criteria are that both of you have to live separately for at least 1 year before applying for a divorce. By living separately, it doesn’t mean that you need to live in separate houses.

Instead, you can live under the same roof yet can maintain the requirements of living separately. The rule is simple: you cannot have any sort of normal relationship that a husband and wife should have.

Such as you cannot have meals together, need to have your separate social lives, cannot have any kind of physical intimacy. To make it easier, you can think of your spouse as your normal roommate rather than thinking of any previous relationships.

It is the most common ground, following which a couple mostly appeals into the court to get a divorce. The other two grounds are quite challenging to prove compared to this 1-year separation one.

You basically need to make a separation agreement stating all the terms and conditions you both have mutually agreed upon.

Therefore, if you both can fulfil all the requirements successfully, then the chances are high that your divorce will be granted as quickly as possible. On the other hand, failure to meet any requirement will be enough to cause the rejection of your divorce application.

Can a Wife Take Everything in a Divorce?

No, your wife cannot take everything from you while getting divorced. It is a popular misconception that many people tend to believe and fear the most. While in reality, there is no such thing.

Instead, the truth is, the things you own jointly will only be equally separated between you two. Other than these, if you are the sole owner of any property, accounts or asset, then it will be yours.

However, the law may vary from state to state, depending on the case. But no matter how complex your case is, there is no such thing that a wife can take everything in a divorce. Instead, they can get an equal share of all your properties and belongings depending on your state and other various factors.

To Wrap Up

Marriage is one of the most beautiful relationships one can find if you can marry the person you love. Similarly, it can turn into one of the most tragic and terrible relationships of one’s life if there is no love and understanding between both.

Ultimately no one will be happy by staying in such a relationship. So, the smarter decision is to go for a divorce than to remain in a marriage that brings only pains and sufferings.

The divorce process comes with a lot of mental stress and complexities. Therefore, even if you have strong grounds for divorce in Canada, yet the best is to take legal help from an experienced lawyer as soon as possible.