When dealing with Child Custody in Canada our courts focus on one thing: The best interest of the children.
Many people falsely believe that when a couple Divorces the children will automatically be placed with the mother. Some of the important factors that a court considers when determining custody are: There is much to consider when discussing child custody and there are multiple types of different custody arrangements.
For further details on this very important topic please visit our child custody page.
The first thing to do when approaching a Divorce is educate yourself, learn all you can about the Process of Divorce and the different options available to you in your province.
After this time has passed you can file for Divorce.
During a separation spouses live apart with the intention of ending their marriage.
Divorces granted in Canada are based on your current status as a resident, not where your marriage took place.Separation for one year is an acceptable ground for Divorce, but to receive the actual Divorce you must go through the correct legal process in Canada. If one spouse wants a Divorce then that is proof of a break down in your marriage.However, you will need to wait for a one year separation period, or meet one of the other approved grounds for Divorce in Canada.In Canada, the only legal reason you need to be granted a Divorce is that your marriage has broken down.
The law accepts that there has been a breakdown of your marriage if you can prove that you and your spouse have lived separate and apart for at least one year.To learn the specific details of the grounds for Divorce in Canada please visit our Divorce page. You do not have to be a Canadian citizen to be granted a Divorce in Canada.