Deciding to divorce or separate from your partner is often not an easy thing to do. As hard as the situation can be, you should know that you aren’t the first or the last person going to these circumstances. Divorce is a decision that requires much thought and consideration.
There can be many motives for divorce. Issues in a marriage that may arise include infidelity, disagreements over finances, lack of communication, unresolved conflict, unrealistic expectations, or lack of intimacy.
Falling out of love is a common reason for divorce. This usually involves more than just two people no longer finding each other attractive. The explanation of why a couple may have fallen out of love usually runs more profound than that.
With today’s hectic lifestyle, everyone is multitasking, juggling work, finances, raising a busy family, and sometimes prioritizing the well-being of a marriage may fall to the bottom to our list of priorities.
In the first instance, it may be worth considering marriage counseling or couples therapy. Sometimes it’s a case of couples not seeing eye to eye on everything from day to day routines, to big decisions. When this is the case, resentment can fester into frustration and detachment, causing a breakdown in the marriage. Speaking to an objective third party to voice concerns may help to resolve the issues.
If the reasons for the strain in the marriage cannot be resolved, it may be time to chat with a divorce lawyer to understand your rights and potential exposure.
If you decide to proceed with a divorce, in Ontario you must file a document called an ‘Application for Divorce’ in court. This marks the beginning of the divorce process and needs to include information relating to the legal reasons for the separation.
While a spouse can decide to divorce because they have fallen out of love, legally in Ontario and Canada-wide, a divorce can only be granted for one of three reasons.
One spouse does not need to have an agreement from the other to file for divorce. Both spouses are considered equal, and either spouse can claim one of the reasons listed below:
1. The spouses have been separated for at least one year.
Separated means no longer living as a couple and no longer working on their relationships. Typically, factors that may indicate a separation include:
• Living in separate rooms or separate residences
• Maintaining separate social lives
• No longer being intimate
• Announcing to the world that you are separated
• No longer attending family functions as a couple
• Changing the way accounts are held and how expenses are paid
• Augmenting day to day routines such as having meals as a family, or doing each other’s laundry
Parties may live under the same roof, as long as they remain separated. Having said that, a spouse can file for divorce as soon as they no longer have the intention of living with the other person. However, the judge will not finalize the divorce until at least 12 months of separation have passed.
2. One spouse committed adultery by cheating on the other.
Only the spouse who was cheated on can use adultery as the reason for the divorce. In these cases, the party with whom the adultery occurred must be named in the Application and served as well.
3. One spouse physically or mentally hurts the other and living together is no longer possible.
This means physically assaulting or otherwise hurting, or sexually abusing the spouse.
Reach out to us if you’d like to speak with one of our divorce lawyers in Newmarket about your reasons for divorce. Our experienced team is here to help you navigate the legal complexities of the divorce process.
Call Epstein & Associates at 1.866.463.2266 today.