Legal
Basis for Divorce - There are
three bases for divorce in Canada: (1) separation for a year;
(2) adultery; or (3) physical or mental cruelty.
ezDivorce
does not assist with the latter category.
Adultery: You cannot
file a simple divorce based on your own adultery, nor can you
file a joint divorce based on adultery. The non-adulterous
spouse must be the one to file for divorce based on adultery.
Although
ezDivorce
has
yet to have one rejected (see below),
apparently there may be some judges who will not grant an
uncontested divorce based on adultery - even if your spouse
admits in writing to the adultery. If this is the case, you may have to file an amended Application for Divorce changing the
legal basis for divorce to ‘separation for a year’ and
your spouse must then be served with a copy of the amended
Application. Additional fees will apply ($100 to $150).
ezDivorce
has
never had a divorce rejected based on
adultery - we always filed a signed (and usually sworn) admission from
the other spouse admitting to the adultery.
Separation: Click here
to read more.
Click here to read what our customers are
saying
