Divorce
Divorce is the legal process that a married couple must go through to end a marriage. Only married couples can get a divorce, and only a court can grant a divorce. Once the process is finished, a court will issue a divorce certificate proving that you are no longer married.
Do I need a reason to get a divorce?
To get a divorce, you have to show that your marriage has broken down in one of three ways:
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you and your spouse have separated and have lived apart for at least one year; or
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your spouse has been physically or mentally cruel to you, making it intolerable to continue living together; or
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your spouse has committed adultery.
What do I need to finalize my divorce?
Spouses need to agree on specific issues related to the division of marital property and spousal support. If they have children, they will also need to come to an agreement on child support and parenting arrangements. Learn more about property division, spousal support, child support, and parenting arrangements.
Do I have to wait before I apply?
If you are claiming your marriage has broken down because you and your spouse are separated, you do not have to wait to apply, as long as you and your spouse are living apart when you apply. However, you and your spouse must have been living apart for at least one year before your divorce can be granted.
You can apply at any time if you are claiming your marriage has broken down because of physical and/or mental cruelty or because of adultery.
What is a simple divorce/uncontested divorce?
If the divorcing spouses can agree to all the issues on their divorce, including child support, parenting arrangements, the division of marital property and spousal support, an uncontested divorce may be possible.
What the spouses have agreed upon are often formalized in a Separation Agreement.
What is a contested divorce?
If spouses cannot agree to divorce related issues related to their children, spousal support and property division, the divorce is contested and needs to go through formal court proceedings. The spouses have the option of hiring a lawyer to represent them during the court proceedings or going to court on their own.
A contested divorce does not necessarily mean the spouses are destined for a trial. It is still possible for a contested divorce to become an uncontested divorce through negotiation, arbitration, and mediation.
Why choose us
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Expertise: Our team has extensive experience handling divorce cases in Ontario. We stay updated on the latest legal developments and strategies to ensure the best possible outcomes for our clients.
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Compassionate Approach: We understand the emotional toll that divorce can take on individuals and families. Our team takes a compassionate and empathetic approach, providing personalized guidance and support tailored to your unique needs and circumstances.
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Client-Centered Service: Your priorities and goals are our top priority. We take the time to listen to your concerns, understand your objectives, and develop a customized legal strategy designed to achieve the best possible results for you and your family.
You don't have to face divorce alone. Contact Luk Law to schedule a consultation with one of our experienced family law lawyers. We'll provide you with the compassionate legal support and guidance you need to navigate the divorce process with confidence and peace of mind.