Category: Separation & Divorce

If you are unable to locate your spouse and serve the divorce papers, it is still possible to obtain a divorce in Ontario. The way in which to properly proceed in such a situation depends on the unique circumstances pertaining to your individual case. It is important that you use every method at your disposal to attempt to locate your spouse in order to serve them with the divorce papers. There are many different methods you may employ to do so. For example, you may decide to hire a company to locate the individual. If the company is unable to locate the individual, you should ask them for a report indicating that their search was unsuccessful. In the event that you have used every means possible to locate your spouse, and still cannot seem to find a place to locate or reach him, in order to obtain a divorce in Ontario, you may be required to obtain an Order for either substituted service or dispensing with service. In this case, you most prove to the judge that you have exhausted all reasonable ways to contact and/or locate your spouse. For more information on divorces, where you are unable to locate...

In Canada, divorce is governed by the Divorce Act. The current Divorce Act outlines that a divorce is granted on one ground only, being the breakdown of the marriage. Breakdown of the marriage can be established in three ways. First, a married couple that has been separated for one year is entitled to a divorce. This is the primary ground that spouses use to establish that there has been a breakdown in the marriage. Adultery and cruelty are the two remaining grounds. If one spouse can prove that the other spouse has committed adultery or that their spouse has been cruel or abusive to him or her, he or she is entitled to a divorce (even if the parties have not been separated for one year). These two criteria rely on fault grounds, which are difficult as well as costly to prove, and, therefore, are rarely used today.

Yes. According to Ontario law both you and your spouse can be considered to be legally separated in Ontario regardless of the fact that you are living in the same residence. This, however, depends on the facts that surround your current relationship. If it is your position that, although you and your spouse are living at the same residence, you are legally separated in Ontario, and your spouse is denying or claiming otherwise, the courts usually will require clear evidence that you are no longer in a spousal relationship. Some of the factors used in order to determine if you and your partner have a legal separation in Ontario include, but are not limited to the following: Do you still engage in physical intimacy? Do you still engage in social activities together? Do you and your spouse do household chores for the other (such as cooking, housekeeping, laundry, etc.)? The court may take into consideration evidence that illustrates the intent of the parties. In other words, did you in fact hold yourself out to your friends and family as separated, as opposed to maintaining the status of the relationship to third parties. For example, were forms of any kind completed stating that you are “separated”...

The case of Essa v. Mekawi highlights various essential themes pertaining to the recognition of a foreign divorce. In this case, the wife asked the Court in Ontario to declare that the divorce granted in Egypt not be recognized by the Ontario courts. The husband, residing in Egypt at the time, requested the return of his children. The implications of recognizing the divorce would spell the defeat of most or all of the wife’s claims. In his ruling, Justice Campbell conveys the only scenarios whereby a foreign divorce ought not to be recognized. Justice Campbell refers to section 22 of the Divorce Act and specifically points to subsection 22(3): (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce. (2) A divorce granted, after July 1, 1968, pursuant to a...

No. In your family law matter, you and your partner need different, independent lawyers. Spouses' and common-law partners' interests may be and often are conflicting. In view of this, each party in a family law matter requires his or her own lawyer. Your lawyer should fully explain the law to you on each individual issue as well as the strengths and weaknesses of your case. Your family lawyer must be free from any conflict of interest so that he or she can effectively represent your interests.

In Ontario, the only ground for divorce is that there has been a breakdown of the marriage (Divorce Act, section 8(1)). The Divorce Act defines a breakdown of a marriage to be one of three things: Both parties to the divorce proceedings have lived separate and apart for at least one year immediately before the determination of the divorce proceeding. The parties also had to be living separate and apart at the beginning of the proceeding; A spouse who has committed adultery; or, A spouse who has caused physical or mental cruelty to his/her spouse to the point where it would be deemed impossible for the parties to continue to live together. Section 10 of the Divorce Act explains that the court has a duty to recognize when there is a possibility of reconciliation between the two parties to the divorce proceeding, and when present, must interfere and either adjourn the proceeding to allow the spouses the opportunity to reconcile, or nominate a “person with experience or training in marriage counselling or guidance” with the consent of both parties. To learn more about the grounds for divorce in Ontario as well as the services provided by Krol & Krol, call 905.707.3370 today.