When you are in a same-sex marriage, or your spouse is gender non-conforming and wants to get a divorce, seeking a lawyer who understands and accepts you is critical. Canadian law gives our LGBTQ population the same rights as heteronormative people to enter and leave marriages—subject to provincial rules about marriage solemnizing. Instead of navigating these unfamiliar waters, hire a compassionate lawyer.
The Kawartha Lakes LGBTQ divorce lawyers at our firm have extensive experience helping LGBTQ people move through the divorce process. We could discuss your situation with you to help file the proper divorce paperwork in court. Our experienced lawyers at The Riley Divorce & Family Law Firm also have the training to help those with complex or high-value assets categorize and divide their property in the divorce process.
Canadian law allows people to seek a divorce under the Divorce Act and the Civil Marriage Act. Generally, the Divorce Act applies when one or both spouses have a valid marriage and lived in Canada for at least one year before filing for divorce. The person filing for divorce must file the case in the province where they or their spouse has lived for at least one year.
If people get married in Canada but do not live here, the Civil Marriage Act may allow them to seek a divorce under Canadian law in exceptional circumstances. For example, both spouses must have lived apart for one year and could not divorce where they reside because their state or country does not recognize their same-sex marriage.
Other residency requirements may also apply to your case. Same-sex couples seeking to separate often benefit from hiring an LGBTQ divorce lawyer in Kawartha Lakes who understands the applicable laws. Queer divorce laws change frequently, so hiring a lawyer who stays current on the latest regulations is crucial.
Under Section 8 of Canada’s Divorce Act, you and your spouse may be eligible for a divorce if you have lived in Canada for at least one year and can prove a breakdown in your marriage. Under the Divorce Act and the Civil Marriage Act, the court considers a marriage irretrievably broken if the spouses have intentionally lived in separate places for at least one year. In most situations, this one-year period includes when the spouses file for divorce.
Under the Divorce Act, another way to prove the marriage’s breakdown is to prove infidelity. Likewise, if the non-filing spouse physically or mentally abused the filing spouse, the Divorce Act considers this proof of a marital breakdown—even if the spouses still live together. The cruelty must warrant intolerance to continue living with each other.
Note that you may not have to live separately from your spouse for a year before you can start the legal divorce process. The court may only grant the divorce once you have lived apart for one year. However, you may be able to file before the one-year mark. A trusted LGBTQ+ divorce lawyer in Kawartha Lakes could help you understand how and when you can seek to end your marriage.
When you seek to end a same-sex or non-heteronormative marriage, hiring a professional and compassionate LGBTQ divorce lawyer could help. You deserve effective representation to avoid costly errors and to achieve a seamless end to your marriage.
At The Riley Divorce & Family Law Firm, we have extensive experience working with the fluctuating laws surrounding LGBTQ rights to marriage and divorce. Contact an experienced Kawartha Lakes LGBTQ divorce lawyer today to schedule a consultation. Our firm can take your call 24 hours a day, seven days a week.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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