Vaughan Divorce Lawyers
Divorce is the legal termination of a marriage by court order. Divorce is often the final step in the separation process, usually occurring once the couple has worked through the various issues they must resolve, or a court has made an order pertaining to the various unresolved issues. Once the terms of the separation are finalized, either through a separation agreement or a court order, the parties can apply to the court for a divorce order that officially terminates the marriage and the spousal status.
At Bortolussi Family Law in Vaughan, our lawyers make the process of obtaining a divorce as simple and stress-free as possible even under the most complex or contentious circumstances. We pride ourselves on building client confidence through clarity, the minimization of conflict, and maintaining productive family relationships whenever possible. Our family lawyers have a combined total of over 120 years of experience representing clients in divorce and have earned a reputation for excellent service since our firm was established in 1984.
How to Get a Divorce in Ontario
To obtain a divorce order in Ontario, three general requirements must be met:
- The couple must be living “separate and apart” for at least one year. In certain circumstances involving adultery or cruelty, the mandatory separation period may be waived.
- The couple must establish the terms of their divorce relating to parenting time & decision-making ability, child and spousal support, and property division. Ideally, these terms will be negotiated and agreed upon via a separation agreement. However, getting to agreement may require a formal dispute resolution process such as mediation or the collaborative family process. When agreement is not possible, the issues may have to be arbitrated or litigated. If the terms are litigated, the final order will be determined by the presiding Family Law Arbitrator or judge, rather than the couple themselves.
- The couple must apply to a court for a divorce order. Once granted, the court order will legally end the marriage.
Adultery as Grounds for a Divorce
It is possible to bring an application for a divorce and skip the mandatory separation period in cases involving adultery. Notably, this option is only available to a spouse who was the victim of adultery. A person who commits adultery cannot use this as justification to skip the separation period. The party bringing the application must be able to satisfy the court that their spouse committed adultery, which can be an onerous task. However, if the Applicant is successful, a court can grant an immediate divorce. Since no-fault divorce was enacted years ago, this ground is rarely used.
Cruelty as Grounds for a Divorce
Establishing cruelty in a marriage for the purposes of obtaining an immediate divorce requires satisfying certain requirements. For one, cruelty will not generally be established following a single incident, unless the incident was extreme in nature. Also, the cruel behaviour must be considered ‘grave and weighty’, making continued cohabitation impossible. A couple who argues a lot will not generally meet the bar necessary to bypass mandatory separation. Generally, the behaviour must have resulted in severe trauma to the victim’s spouse’s mental or physical health. Although the courts have the power to make restraining orders to ensure the security and safety of a spouse and the children, this is ground is also rarely used.
For Skilled Representation in a Divorce, Contact Bortolussi Family Law in York Region
At Bortolussi Family Law, our divorce lawyers are committed to making the divorce process as simple and stress-free as possible for every client. We know the prospect of going through a divorce can be quite daunting for most people. Our lawyers strive to make the process easier by providing clients with clarity right from the start. By matching clients with the best lawyer for their needs, and approaching each case with compassion and open communication, we work to eliminate uncertainty and insecurity from the process.
From our office in Vaughan, we assist clients from across the Greater Toronto Area, extending out to Mississauga, Brampton, Caledon, Whitchurch-Stouffville, Woodbridge, Maple, Kleinburg, Caledon, Concord, Vaughan, Bolton, Nobleton, Markham, and Etobicoke and all areas in between with all aspects of the divorce process. Taking the time to find the best lawyer, and best dispute resolution process for your situation, enables us to secure optimal results for each client. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416-987-3300.