What Constitutes A Divorce?

Can any couple get a divorce? Can you be married for only a week or a month and decide that you no longer want to live with your partner anymore? Can a divorce be granted without necessarily taking it to the courts or getting a lawyer? What happens to the children? These are all questions that we sometimes ask ourselves when dealing with divorce situations as sometimes the answers do not seem to be so clear. It is unfortunate to know that a couple will live in misery for years not knowing what options are available to them in this society. Divorce may not necessarily be the answer to their situation but it is an option when all fails and when the couple is at wits end.

A couple may sometimes be under the impression that they cannot divorce if they got married outside of Canada. Contrary to that belief; divorce is granted in Canada based on your current status as a resident and not based on the fact that your marriage certificate does not have a Canadian flag on it.

Where other countries may need specific reasons to divorce and investigations even need to follow suit, Canadians on the other hands have it very pretty easy. Once you are able to present your case to a judge that your marriage has fallen apart and that as a couple you have tried everything but nothing seems to work they would usually grant a divorce based on circumstantial and factual evidence. They would require the couple to live separated for a year before it is completely approved and confirmed.

Couples sometimes believe that when they are in the period of separation they can move on with new relationships, but this is false. Technically you are still “married” to your partner even though separated until the court grants you a divorce. Being separated from your partner for a long period of time does not warrant you divorce! Be careful with that as you may be caught in an act of adultery and be then penalized by the court. Taragh Bracken Family Law Firm would usually give you all the tips required for a complete divorce. Though it is not as tedious and sometimes complicated as some countries it is still an intricate procedure and much care and wisdom must be practiced amongst all parties in order to avoid  resentment and bitterness.

When a couple decided to go their own individual ways it is imperative that it be a general consensus. Not only one partner can decide that they want the marriage to end and proceed with that desire. They have to ensure that both parties are on the same side, and both parties want to end their marriage. Most people are under the impression that a divorce and a separation is the same thing. This is false, you must be separated with your partner for  along period of time before the courts grant you a complete divorce from your partner for : a failure in the marriage.

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