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Divorce and Separation

Married people have the option to divorce if they have been separated for at least one year.  It is important to note that you can still start an action for divorce under the Divorce Act before this time, but the divorce itself cannot be finalized until you have actually been separated for at least one year.  However in cases of adultery or cruelty, couples can be divorced if they have not been separated for the requisite time.

It is also possible to obtain a Declaration of Irreconcilability, but, generally speaking, there is no reason to take this step.  Some clients ask us about getting a “legal separation” however this is almost never necessary as:

  • Parties almost never have to prove separation
  • There are other more practical ways to secure your rights on the breakdown of a marriage or common-law relationship.

If you are separated and want to end your marriage or at least settle the issues surrounding the breakdown of your marriage, such as child custody, child support, divorce, spousal support (also known as maintenance or alimony), or division of property, you can bring an action under the Divorce Act, the Family Law Act, and/or the Matrimonial Property Act.

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Canada’s legal system has a broad definition of criminal behavior ranging from minor offenses such as vandalism, to more serious offenses, such as shoplifting, robbery, fraud, kidnapping, possession of prohibited weapons and many others. To get the best possible outcome, one should get the best possible representation. We assist clients with DUI/”Over 80”/Impaired Driving and other criminal cases.