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Lethbridge Divorce Lawyers:
Divorce related issues in Canada are dealt with by the Divorce Act. The very basic element when seeking a divorce is for the spouse/s to prove that the marriage has fallen apart and there are irreconcilable differences between the spouses.
Following are the detailed reasoning based on any one of them either of the spouses can apply for a divorce: a. there has been separation between the couple for an year or more with the intention or thought that the relationship is over (this is by far the most common reasoning for divorces in Canada); or
b. either of them has had sexual intercourse with a third party and has not been pardoned by the spouse for this act; or
c. any of the spouse has physically or mentally tortured (including violence and mental anguish) the other leading to a situation that it is unthinkable of being together with such spouse.
In respect of (a) above, separation does not imply that the spouses need to be living in separate abodes. Separation may be effective even when spouses are living together in the same house for multifarious reasons, for example, monetary reasons or for the benefit or well being of their children until they attain the age of maturity. Any of the spouses can apply for a divorce based on any of the foregoing reasoning if the marriage took place in Canada or any other country; hence one need not be a Canadian citizen to apply for a divorce in Canada.
