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Divorce Articles

How to Get a Contested Divorce

A divorce is the formal, legal termination of a marriage, granted by the Superior Court or Unified Family Court. The links below will walk you through the process of applying for a divorce when there are contested issues (property division, support, child custody and access, etc.), or responding to such an Application for divorce.

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What to Do if the Other Party Does Not File an Answer

If you file your Application for divorce (whether it is a Form 8A for a simple divorce, or a Form 8) and the Respondent does not file an Answer, your divorce will be considered uncontested, and you will then need to complete and file a Form 36: Affidavit for Divorce.

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How to Get an Uncontested Divorce

An uncontested divorce is a court proceeding where the parties are mutually seeking a divorce, and have agreed on all related issues, such as support, division of property, and child custody and access. The uncontested divorce represents a simplified divorce procedure, in that court appearances are generally not required.

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Multi-jurisdictional Divorce

Multi-jurisdictional divorces (where one party is no longer a resident of Canada) require legal expertise in both the foreign and domestic jurisdictions.

It is important to know your rights in both jurisdictions to ensure the best possible outcome before you commit to a proceeding in either location. Without proper legal representation, you may forfeit your right to support or property division if a foreign divorce is granted. The Divorce Act governs all Canadian divorces and will uphold the validity of a foreign jurisdiction for a divorce ordered in another country when granted by the appropriate authority (s. 22).

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What You Need to Get Remarried

If you decide to remarry, there are legal requirements and precautions to take before solemnizing your marriage.

The first legal requirement is an Order for Divorce granted by the Superior Court of Justice or Unified Family Court. A Divorce Order is a formal document issued by the court; it is the legal termination of your marriage. Once a Divorce Order is granted, a copy of the order is sent to your lawyer, or in the case of a self-represented party, to the address that party has on file with the court.

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Same Sex Divorce

The Civil Marriages Act, 2005 (CMA), defines marriage as the lawful union of two persons to the exclusion of all others; it was with the passing of this legislation that same sex marriage was legalized throughout Canada. Prior to the passing of the CMA, the laws relating to who could marry were contained solely within the common law of both Canada and the United Kingdom.

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