No matter the territory or province, the divorce act can impact the dissolution process of your marriage in Canada. Hence, being updated about them is essential before taking any such step. For the unversed, 2021 introduced the terms “parenting time” and “decision-making responsibility” in place of “access” and “custody.” If you plan to separate from your spouse in 2025, it’s essential to understand the implications of these changes and other regulations related to divorce procedures in the country.
It will help you navigate the process easily and make informed decisions. Simultaneously, you can eliminate unnecessary hassles from an already complex situation. So, here are some critical updates in this context.
Divorce filing
Before proceeding with your divorce plea, you must satisfy a few federal law requirements. If you take guidance from a family law office in Toronto, you will not have to worry about anything. Nevertheless, the law requires the couple to prove that they are legally married and their marriage has fallen apart. Separation, physical or mental torture, and adultery can work as supportive evidence. However, one of the partners must live in the concerned region where the filing is done.
After one year, you can submit your application for divorce. At the same time, couples are given a chance to reconcile for about 90 days (at a stretch or spread out) while keeping the one-year separation rule intact. A family lawyer can explain all this nitty-gritty about federal law and specific regions to make your journey less overwhelming. With clarity, you can take a proper direction as well.
Moving and relocation process
If you have a child, you will be subject to specific legal requirements regarding relocation or moving out. Your lawyer will guide you on this as well. Generally, you submit a written notice to the person who also can access and decide for the kid. They must be notified about 60 days in advance. The other person can refuse your request. If it happens within 30 days from the date of the notice, you will have to wait for court approval. The court will decide based on the best course of action for your child. Several factors can be crucial in this context, such as the need for relocation and the relationship with relatives.
Child and spousal support orders
An experienced family legal firm in Toronto can give clear insights into these aspects as part of the divorce system. Like most other countries, financial responsibilities are considered integral to the divorce process in Canada. Two types of support are highlighted in this context — spousal and child. You must disclose your income and the number of kids to the court, as these details help the courts determine payment amounts. If you are paying support, you must cover your child’s financial needs until they complete or have completed a large part of their post-secondary education.
The court takes all these decisions after considering the duration of the marriage, the financial condition of both parties and their earning strengths. Suppose your situation changes due to some unforeseen circumstances. In that case, your lawyer can help you appeal to the court to seek modifications to the orders.
Source: AP Lawyers, Toronto
