Seeing your marriage come to an end can be difficult, but in many situations, it is the best outcome for all sides. Making the decision to dissolve the marriage is only the first step in the process, as there are Ottawa divorce requirements to consider.
Luckily, a skilled divorce lawyer from The Paul Riley Divorce & Family Law Firm could help you protect your rights during the breakdown of your marriage. Our dedicated lawyers are ready to serve as your advocate during this challenging time.
To qualify for a divorce decree in Ottawa, one must first meet certain residency requirements. Both federal and provincial law set out these guidelines. At least one spouse must have lived in the province where they intend to file the application for at least one year. Ontario law provides further specifics. You must file your divorce application within the municipality where you reside. In other words, you must live in Ottawa to have a divorce case heard there.
There are some limited exceptions to the residency requirement. Typically, at least one of the spouses must live in Ottawa for at least a year to qualify. However, it is possible to pursue a divorce when both individuals live in a country that refuses to recognize a Canadian marriage. This workaround allows people to end their marriages, but it does not include all the typical aspects that come with these proceedings. The parties may have to address questions of property division or child custody in the jurisdiction where they live.
Grounds are also one of the primary requirements for divorcing in Ottawa. In some places, the parties might have to litigate who was at fault. However, under provincial law, only one party must show that the marriage has broken down irretrievably. There are several different ways to prove this. A common example is that one spouse committed adultery and was never forgiven by the other party.
One party can also make the case that their spouse was physically or mentally cruel. This can be more difficult to prove than some other options, especially when a police report has never been filed. It is worth noting that establishing this behavior in court is possible even without a criminal conviction. In fact, a judge could rule in your favor despite never being physically injured.
In addition to establishing that the relationship has broken down, the parties must separate and either no longer live together or believe there is no path toward getting back together. The couple must have separated for at least a year with the understanding that the relationship is over.
It is risky to assume that you have met each of the Ottawa divorce requirements. Instead, it is wise to put your case in the hands of a dedicated lawyer at The Paul Riley Divorce & Family Law Firm.
The tenacious lawyers are ready to provide you with the representation you deserve during this challenging time. Call right away to get started and to schedule a consultation.
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.
Paul Riley Law Office
