Grounds For Divorce In Canada

Typically, all that’s needed under the Divorce Act is one year of separation with no chance of reconciliation.

There are other possible grounds such as cruelty, adultery and things of that nature. But, it typically takes a year to get to the point where the case is before the court. So, rather than go through the added aggravation of allegations such as cruelty or adultery, which just make things much more complicated and confrontational, it’s simpler just to allege the basic reason of your separation with no chances of reconciliation.

It’s important to realize that that the factors in determining a spousal support awards don’t include conduct of either party at all. For child support or equalization, conduct is not a factor either. And in fact, the court is specifically precluded from considering conduct as a factor in those types of awards. Even in custody and access, conduct of a parent isn’t relevant unless it’s specific to that issue. For example, if a parent disciplines the children inappropriately then that conduct can be considered. But the fact that a spouse has strayed from the marriage or decided to separate isn’t conduct which would be considered in the context of custody and access.

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If you, or someone you care about, is dealing with family law issues in the London, Ontario Region, contact Michael Nyhof Barrister & Solicitor for a consultation.

This article is taken from a April 7, 2008 interview with Michael Nyhof, Family Lawyer with Michael Nyhof Barrister & Solicitor, a London Ontario Family Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.