Family Law
Family Law
Divorce Applications - Child Custody Issues - Spousal Support Issues
Getting separated is an unfortunate event in anyone's life. A couple faces issues of Properties, Income, Support and Children in such an unfortunate event. At Rathod Law Firm, we take special care of the issues that revolve around your separation with your spouse. Further, in such events, custody of the children, spousal support and property equalization becomes issues at centre. We carefully analyze the issues that you are facing and provide guidance based on current law.
Divorce Applications
The divorce process in Canada involves several steps and can vary depending on individual circumstances. Here's a general overview of how it works:
Eligibility for Divorce
At least one spouse must have lived in Canada for at least one year before filing for divorce. The primary grounds for divorce in Canada is the breakdown of the marriage.
Filing for Divorce
You'll need to fill out divorce forms, which can be obtained from the court or online through the government's website. The forms generally include a divorce application and an affidavit.
Serving Documents
After completing the forms, you must serve them to your spouse. This means delivering copies of the documents to your spouse in person or through an authorized process server.
Court Proceedings
If both spouses agree on all terms, the process is straightforward. If there are disputes, the case may go to court with hearings where each party presents their case.
Finalizing the Divorce
Before the court grants the divorce, spouses may need to draft and agree on a separation agreement. The court will issue a divorce order and you will receive a Certificate of Divorce.
Grounds for Divorce
The breakdown of marriage can be established in three ways:
- Separation for One Year: The spouses have been living apart for at least one year.
- Adultery: One spouse has committed adultery.
- Cruelty: One spouse has treated the other with physical or mental cruelty.
Additional Considerations
- Legal Advice: It's advisable to consult a lawyer to understand your rights and obligations, especially in contested cases.
- Mediation and Counseling: Mediation services can help resolve disputes amicably and may be required in some jurisdictions.
- Property Division and Support: Ensure that all terms regarding property division, spousal support, and child support are implemented properly.
Our Family Law Services Include:
- Divorce Applications
- Child Custody and Access
- Spousal Support
- Child Support
- Property Division
- Separation Agreements
- Adoption Proceedings
- Domestic Contracts
Divorce processes can differ based on the province or territory, so checking local requirements and seeking legal advice is essential. Our experienced family law team is here to guide you through this difficult time with compassion and expertise.