Divorce Family Law
Divorce Family Law in Toronto
It has been found that in Toronto the most common demographic factors identified for couples are likely to divorce due to marrying younger than the average age of marriage, having a pre-marital birth, job stress or having been divorced earlier etc. The reasons for divorce vary but the general trend is still one of fewer marriages coupled with higher divorce rates. Unreasonable behaviour is the most frequent ground for divorce in Toronto family law. It is the reason cited by most couples who want an instant divorce in cases where no adultery is involved. Generally, they want a divorce based on irreconcilable differences. When there is an unhappy marriage and a want to bring it to an end, this is perfectly natural and understandable. Due to this it is not possible to obtain a divorce based on family law and irreconcilable differences.
Divorce in Toronto and family Law
According to Canadian law, to obtain a divorce in Toronto and as a matter of family law one should insist the following grounds: that the marriage has broken down irretrievably and that one of the parties to the marriage has behaved in such an unreasonable manner that the other finds it intolerable to live with him or her. Or, at least what it requires if divorce is sought on the ground of unreasonable behaviour. Although this sounds difficult thing to prove, the reality of the matter is that the courts do not set a very demanding standard. The courts in Toronto therefore adopt quite a relaxed altitude of unreasonable behavior which one has to allege in order to get the divorce in Toronto. I do feel it is a pity that couples are forced to do this because there are many cases where the couple has simply drifted apart and they do not really hold any animosity towards one another. Details of unreasonable behavior in, as a matter of family law, an undefended divorce petition are not divulged to the general public and so in general no one but the parties themselves need ever know what was in the petition.
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Suppose a husband hits his wife and as a result the wife decides that the marriage is over but does not go through with a divorce as a matter of family law in the legal sense. She continues to live with her husband in Toronto but there is no incident of violence anymore. At any time within six months from being hit by her husband the wife could present a petition for divorce target=”_blank”based on this unreasonable behavior if she wished but once they have lived together for more than six months afterwards she can no longer rely on this incident in family law court. Even in this case, one should not wait too long. There gets a point where one simply cannot complain about the behavior of one’s spouse if she/he is not actually there to be unreasonable.
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By: Rafi Michael
