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Legal Ground for Divorce in Manitoba, Canada CALL 1 877 378 4487

Legal Grounds for Divorce in Canada
Legal Ground for Divorce in Canada CALL 1 877 378 4487Legal Ground for Divorce in Canada CALL 1 877 378 4487

Legal Grounds for Divorce in Canada

To be granted a divorce in Canada, you must prove to the courts that your marriage is broken down and cannot be repaired. The two ways to legally prove your marriage is irreparable are to complete a one year separation from your spouse (“No Fault Divorce”) or to provide valid proof that adultery or abuse has occurred.

No Fault Divorce

As soon as you and your spouse are separated, you can begin the application process of your divorce. You do not need to wait until you have been separated for a full year, although the courts will not grant you a divorce until the full one year separation is completed.

During the one year separation, it’s not necessary for you and your spouse to reside at separate addresses.  In the event that separate residences are not possible (due to finances, children), you can continue to live in the same house, but the court will ask you to prove that you no longer live together as a couple. This can be difficult to prove, and it is recommended to seek legal assistance in this situation.

If you and your spouse have separated, and then got back together during the one year of separation, you may not be required to complete the one year separation again if you intend to separate for a second time. You will only need to restart your one year separation period if you were back together for more than 90 days, or for several periods adding up to more than 90 days. This gives couples the opportunity to try to repair their marriage, without delaying a divorce if their attempts are unsuccessful.

“No Fault, Uncontested Divorces” are the least expensive and complicated means for couples to obtain a divorce.

Fault Divorce

Divorce on the ground of adultery or cruelty is referred to as a “Fault Divorce”. This means that one spouse is attempting to prove that the other spouse is at fault for the breakdown of their marriage.  This type of divorce will require proof of the spouse’s adultery and/or cruelty. Legal representation is necessary as “Fault Divorces” can be difficult, not to mention costly and lengthy. “Fault Divorces” can take up to a year or more to be processed, meaning the couple could have potentially completed a one year separation within that time.

Contact Alghoul & Associates’ experienced Family lawyers for help with your divorce or separation, and receive a free consultation!

Success Stories

  • As a result of the way our case has been handled we are actually ahead of schedule with our plans to move to Canada. Mike and the team at Alghoul Law Firm have created a new reality for us. Our sincere and heartfelt thanks to have made this all possible.

    John D.
  • Thank you for the help and advice you have given us. It has made what is a very stressful experience a lot less so and we have an end to our dreams of immigrating to Canada now in sight.

    Wendy Penner
  • The lawyer at Alghoul and Associates Law office got my wife Canadian permanent resident to bring my wife to Canada from China through the Canada Immigration Spousal sponsorship program. They also got my mother super visa so my mom to be here with me and my wife when we are having our first baby girl. The office staff completed the forms and helped gather documents. The law office also communicate directly with Citizenship and Immigration Canada CIC on my behalf and my mother behalf on several occasions to replay and follow up on my application. The lawyer was knowledgeable and staff very friendly and helpful. Thank you for everything

  • I had a very nice meeting with an immigration consultant at Alghoul Law and Associates. They explained to me the international study program leading to permanent residency through the Manitoba MPNP. Also I received advice on the Manitoba Provincial Nominee Business program. Consultation was FREE and Alghoul team was very friendly and knowledgeable.

Legal Grounds for Divorce in Canada

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