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ONTARIO DIVORCE LAW BASICS

There are three grounds for divorce in Canada:

1. Living 'separate and apart' for more than one year;
2. Adultery (cheating); and
3. Mental or physical cruelty.

You can be residing in the same home but be 'living separate and apart' for divorce law purposes. Some people have been 'separated' for years even though they may still reside under the same roof for one reason or another.

There is no such thing as 'filing for legal separation' in Ontario - you are legally separated when you and your spouse are 'living separate and apart'.

You are not required to have a separation agreement to file for divorce.

If you have no idea where your spouse is, you must get special permission from the court to get divorced without serving a copy of the filed papers on the missing spouse (a "motion to dispense with service").

In a 'simple divorce', you cannot ask the court for anything other than a divorce. In a 'joint divorce', you can also ask for 'consent' orders relating to children and/or property.

See DivorceInCanada.ca for more detailed information.

 Copyright 2006-2013 - Adam Slater - All Rights Reserved

Updated on January 12, 2013