When a Canada resident decides to go through the difficult process of divorce, he or she will usually have a lot of questions. Relatives and friends will be readily willing and available to answer each of those questions — based on their personal experience, what they have heard from friends and information they have gleaned from the many celebrity divorces they read about in the news. However, it is important to take this type of information with a grain of salt. Canada divorcees need to do their own research, and — preferably — verify the information they get with their divorce lawyers.
First, one of the most common questions lawyers hear relates to the grounds for divorce. In Canada, to establish grounds for divorce, it is necessary to show the court that no hope of reconciliation exists for the marriage and it has completely broken down. One way to prove this is through a "no-fault" divorce, in which both parties have agreed to end the marriage. The other way is through a "for fault" divorce, where the parties are in disagreement as to whether the marriage should end. Typically, no matter which of these routes one takes, the spouses will be subjected to a year of separation before the divorce is actually granted by the judge.
Second, some people have questions about whether they will need to appear in court, and they have a lot of fears regarding court proceedings. In many cases, though, divorcing spouses do not need to appear in court. If the divorce is uncontested, or both spouses agree to it, the entire process can be handled by a law clerk and a lawyer. If allegations of adultery, abuse or other unlawful activity come into play, however, and those allegations are challenged, then court proceedings will likely be necessary.
Most divorcing spouses have a lot more questions for their divorce lawyers. In order to make sure the best answers are received, it is definitely recommended to consult with a qualified divorce lawyer whenever a question arises during the divorce process. Well-intentioned family members are not always the best sources for this kind of information.
Source: Findlaw, "Getting a Divorce FAQ," accessed March 25, 2016