Divorce Lawyer – Hamilton, Ontario

This is the most common step needed before a divorce is granted by the courts. A married couple must have lived apart for an entire year with no possibility of reconciliation. In certain situations, the spouses might continue living together under the same roof during the year of separation due to financial or other reasons, but this just means that additional factors will need to be taken into account.

During this separation period, it’s vital that both parties are committed to living separate lives, not just physically but also emotionally and financially. This helps establish the genuine nature of the separation and the irretrievable breakdown of the marriage, which are crucial considerations in the divorce process.

This situation is less frequent since it can be challenging to provide evidence in court. There’s a common misconception that if a spouse is engaged in an emotional affair outside of the marriage, the courts might not consider it as adultery. In reality, the courts are more concerned with whether a sexual act has occurred between a spouse and an individual who is not part of the marriage.

It’s important to note that laws regarding adultery can vary between jurisdictions, so consulting a family lawyer who is familiar with the specific laws in your area can provide clarity on how this might affect divorce proceedings.

The third and final basis for divorce is physical or mental cruelty, which can be assessed from various angles. The judge might inquire about a history of physical abuse, which could involve police reports, photographs, or witnesses to such instances. The cruelty may also manifest as verbal abuse, encompassing derogatory language, name-calling between spouses, and more.

It’s crucial to understand that cases involving physical or mental cruelty can be complex to navigate. Providing concrete evidence, such as documentation of incidents or testimonies from credible witnesses, can significantly impact the outcome of divorce proceedings. An experienced divorce lawyer can guide you through the legal processes and help you build a strong case if you’re considering pursuing divorce on these grounds.