In Canada, there are three grounds for divorce:
- One year of separation
- Physical and mental cruelty
By far the most common ground used is a one-year separation.
Legal Separation Lawyers
During the separation, couples usually try to come up with a separation agreement which covers the main aspects of their separation:
- Issues regarding children, including custody, access, and child support
- Property, including possession of the marital home and division of property
- Spousal support
- Any other items that the separating spouses feel necessary to cover in an agreement
The separation agreement is a binding contract that is there to help you set out how you should deal with each other now that your marriage is over. Most couples try to do this through negotiation or through a mediator. At the end of the separation, you are granted an uncontested divorce.
If the divorce is contested and mediation has not resulted in an agreement, then all aspects of the separation will instead be decided in court.
While entering the courtroom may be necessary in a few cases, such as those involving domestic violence, in reality, the court process is usually exhausting and very expensive. Custody disputes in particular can become very destructive. Most clients settle partway through the process and very few cases go to trial.
As an overall game plan, at Baker & Baker, our Toronto divorce lawyers try to negotiate a separation agreement and avoid going to court. Our hope is to get our clients through the process as quickly and inexpensively as possible. It is much better to come to an agreement privately with the help of a mediator or lawyers, so that you can work out your own agreement without an outside force – a judge – imposing it on you.
Let our Toronto Divorce Lawyers help you settle your matters efficiently. Contact Baker & Baker at 416-964-2215 or by email for more information.