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Do I need a Lawyer to file for Divorce?
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ForumUser Posts: 541
Posted On: 10/3/2016
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Do I need a lawyer to file for divorce? I have been separated for about 7 years now. I do not want to hire a lawyer. Thank you
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Moderator Moderator Posts: 4142
Posted On: 10/4/2016
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Hello,
Thank you for sharing your situation and question with us.
Regarding getting divorced in Canada, you can find some information in the Marriage and Divorce publication from the Family Law Education for Women website.
Here is an excerpt,
"Getting a divorce in Canada
There is one law about divorce for everyone in Canada. It is called the Divorce Act. No matter where you live in Canada, the law and the process of getting a divorce are the same.
You must apply for a divorce in family court. Either you or your spouse can file the application or both of you can file a joint application. Your application can ask for just a divorce, or it can ask the court to decide about custody, support and how to divide property. These are called claims for corollary relief.
When you apply for a divorce, you must show that your marriage has broken down. There are three ways to do this. The most common way is when you and your spouse have been living separate and apart for at least one year before you applied for a divorce. You can live “separate and apart” in the same house if you no longer behave as though you are married.
It is also possible to get a divorce if one of you has committed adultery or your spouse has been so physically or mentally cruel that you can no longer live together."
In terms of filing in Ontario, it does not matter if you were married in another province or country. You can apply for divorce if you have been living in Ontario for at least one year.
Only one spouse must reside in the Province of Ontario for at least a year before the divorce is granted.
You may want to contact an Information and Referral Coordinator through the nearest Family Law Information Centre (FLIC). Information and Referral Coordinators are available at certain locations.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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