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The Divorce Act

Navigating the often complex terrain of divorce can be a daunting task. The Divorce Act (DA) in Canada provides the legal framework for divorce proceedings, but understanding the DA's provisions can be challenging. This post aims to provide information with respect to some of the key sections of the DA, helping you to understand your legal rights and obligations during a divorce

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Divorce Jurisdiction and Residency Requirements in Canada

Divorce in Canada is regulated by the federal government under the Divorce Act. For a court to have jurisdiction over a divorce proceeding, either spouse must have been an ordinary resident within the province for at least one year prior to the commencement of the proceeding.

Determining ordinary residence is a fact-finding endeavor, focusing on whether the person is more than a casual resident.

Even if an individual is temporarily residing in a different jurisdiction for employment purposes, they could still be considered an ordinary resident in a province

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Grounds for Divorce in Canada

Navigating the often tumultuous seas of divorce can be a daunting task. However, a firm understanding of the legal framework surrounding divorce in Canada can significantly ease this journey. The Divorce Act (R.S.C. 1985 (2nd Supp.), c. 3, s. 8(1)) stipulates the sole ground for obtaining a divorce: a breakdown of the marriage.

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Different Divorce Procedures: Benefits and Drawbacks

Divorce can be a complex, emotionally charged, and challenging process. Navigating through the legal intricacies can be overwhelming, especially when combined with the emotional toll of a relationship's dissolution. However, understanding the different types of divorce procedures can help make the process more manageable, and possibly even less stressful. The three most common types of divorce procedures are the simple or uncontested divorce, joint divorce, and divorce with corollary issues. In this extensive blog post, we'll discuss each of these in detail, outlining their benefits, drawbacks, and the situations in which they might be most appropriate.

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Barriers to Divorce

Divorce, a legal termination of marriage, is a process fraught with complexity and emotional turmoil. Unlike popular perception, it is not simply a matter of signing a few papers and parting ways. There are significant legal barriers that can potentially impede the process of obtaining a divorce. This comprehensive blog post will dissect and examine the four statutory impediments to divorce as delineated in s. 11 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). These hurdles include collusion, condonation, connivance, and the necessity for reasonable arrangements for the support of the children.

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Understanding the Annulment of Marriages in Ontario

An annulment is a legal procedure within secular and religious legal systems that declares a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. In this blog post, we delve into the intricacies of the annulment of marriages in Ontario, exploring the grounds on which an individual can seek an annulment, and the legal implications of an annulled marriage.

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