Family LawDivorce and Separation

Charting a New Path - Divorce and Separation in Canada

Family Law - Divorce and Separation

Divorce and Separation

Spouses in Canada can get divorced if they have been separated for one year, if there has been adultery, or if there has been physical or mental cruelty. Most often, even where adultery or cruelty has occurred, spouses choose being separate and apart for one year as the reason for divorce. This is because proving adultery or cruelty can be a lengthy and costly experience in court. 

A divorce can be granted in court, or a judge can grant a divorce without the parties having to appear - this is called a desk divorce. Before you are able to file for a certificate of divorce you must convince the court that you have child support arrangements in place.

Recognizing the Date of Separation and Its Implications

If you would simply like to separate from your partner, there are no legal documents to file. However, the date of separation is an important factor as it may have an impact on how property is divided and how much spousal support is paid. There are a variety of factors which may indicate that you are actually separated like telling friends that you are separated, no longer sleeping in the same room, no longer sharing meals, no longer going on dates together, and opening up sole bank accounts. People can also be living in the same residence and be separated if they are living separate lives in that residence.

Additional Resources

Crossroads Law's Flat Rate Services and Money-Back Guarantee

Crossroads Law understands the convenience and predictability of flat rate legal services. Therefore, we provide divorce filing for uncontested divorces at the rate of $1,999, and $2,400 if there are children, plus GST and disbursements*. We also guarantee your divorce will be filed or your money back.

For a FREE initial consultation on your divorce and separation, please reach out to us.

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*Does not include filing fees at your local court house or the costs of serving your spouse with documents if they refuse to attend at our office to pick them up.

In BC and Alberta, spouses must fully disclose assets during divorce. Failure to do so can result in legal fees, unequal asset division, and even contempt of court.

Divorce in Canada usually necessitates a one-year separation, with the timeline varying due to factors like asset complexity, parenting disputes, and court schedules.

Separation, especially from a violent relationship, requires prioritizing safety. Obtain protection orders, seek emotional support, and use resources like Calgary Legal Guidance and the Calgary Women's Emergency Shelter in Alberta, or BC's safety planning guide, for assistance.

In Canada, one spouse can proceed with separation without the other's consent by demonstrating the intention to live separately, through actions like moving out or separating finances.

Divorce and Separation

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Divorce and Separation Legal Resources

How to Prepare for your First Collaborative 4-way Meeting

Collaborative divorce is a transformative approach to separation, where the aim is to resolve family law matters cooperatively.

It Takes a Team: Why You May Need More Than Just a Lawyer in Divorce

Divorce is a complex, emotional rollercoaster that can affect every aspect of your life. During this turbulent time, disagreements over parenting time, selling the family home, or dividing other significant family possessions can lead to unexpected emotional reactions.

A Co-Parent's Guide to Crafting a Successful Summer Schedule

Summer holidays bring a unique set of challenges for separated couples, especially when it comes to co-parenting.