Adultery, violence and incompatibility are the bases for divorce in most cases and also in most countries. These are also the legal grounds which people choose when they are filing for a divorce as they are seen as valid. You can contact Divorce lawyer Oakville for a better understanding of the process.
If Your Partner Has Committed Adultery
Suspicion does not work in court, so you need to collect hard evidence. The time period of the affair does not matter however it must have occurred before the divorce filing. Even a single slip can be accounted for but the partners must have had an actual physical relationship outside of marriage. Thereby flirting on the internet or over the phone will not be accounted for. And when it comes to legal custody of the children, if the spouse has never proven to be a bad parent it should not be a problem, adultery usually does not affect custody. Adultery is also not linked with spousal support. You are not entitled to more money even if you have been betrayed according to divorce lawyer Oakville.
Misconduct
Another solid ground for divorce is misconduct. It can range from drinking problems, to drug addiction, spending money on the affair partner, or recklessly investing money into something without the spouse’s knowledge. There have been cases of signature forgery by the husband and of the wife. These cases also lead to the unequal division of property between the spouses if one of them is found guilty of something unforgivable by law. If the spouse is an addict and is in debt because of it, the court may see fit to divide the property unequally.
Another issue is of course spending on the person your spouse is having an affair with. Divorce lawyer Oakville points out that this happens to be one of the most common reasons. If the other spouse can prove them guilty, there will be an unequal division of property.
What you must know about divorce?
- Separation is not the same as divorce. You and your partner may mutually decide to live separately, and make an application to court. The custody of the children has to be discussed next.
- If you want to end your marriage legally you will have to file for divorce. That is an order which is signed in court and pertains to the divorce act.
- If you were not legally married, you cannot get a divorce. You can opt for a separation citing laws of your region or religion as a basis for your marriage and make an application to court according to divorce lawyer Oakville.
- Before the divorce proceedings begin you can opt for couples’ therapy and counseling so until the judge grants your divorce you can choose to reconcile and stop the proceedings.
- A lot of people are concerned about how to start the process. The answer is contact a lawyer, and thereby your needs will be catered to.
- If you choose to live with your spouse again, a time period of 90 days will be given to you to see if you can work things out during the proceedings. Divorce lawyer Oakville says that if you do not reconcile you can resume the proceedings and move forward with the case.
So, these are the things you need to know if you are getting a divorce. To read more about the family law in Canada, read here!
