An Explanation Of Fault And No-fault Divorce By Canadian Family Lawyers

“Till death do us part.”

As heartwarming and romantic as this phrase sounds, it is rarely the case in the modern world. An intimate relationship of a marriage between two individuals is quite intriguing. While we are born with all other relations such as parents, cousins, and siblings and can not simply break these ties, a bond between two spouses is a voluntary decision to spend their lives together.

However, this beautiful relationship turns sour when one or both spouses feel the urge to dissolve the marriage due to various grounds. Global divorce rates seem to be at an all-time peak. In Canada alone, 40% of marriages end in divorce. As we speak, Canada ranks 29th amongst 87 countries with high divorce rates.

Indeed, the emotional trauma and stress of a divorce process is not something one wishes to encounter. But given the modern era’s ever-evolving lifestyle and lack of compromise and agreement amongst couples, the above-mentioned facts and figures are not surprising. Every once in a while, the Canadian Department Of Justice publishes numerous reports to enlighten the general public regarding the matter at hand.

As providers of unmatched and the most reliable family law services in Edmonton, we would like to partake in the information sharing chain to assist our readers to make informed and unhasty decisions. Amongst all aspects of a divorce, the element that confuses an average individual the most is legal jargon. That is, a definition of a particular term that you might have heard of before but might not precisely have the same meaning in law language.

Today, we shall use this blog to differentiate between two such terms known as a fault and no-fault divorce.

Fault And No-Fault Divorce – What Is The Difference?

There are numerous myths and perplexing ideas that find their way into our social circles and overshadow our better thinking capacity and judgments. For example, there is a widely spread misconception that a mother will always win a child’s decision-making. However, this is not true as the court considers numerous factors in child decision-making cases, and only the deserving parent will win the child’s decision-making.

Similarly, people believe that a no-fault divorce means that none of the spouses is responsible for the divorce. If that was the case, why would the spouses even consider this option? If neither of the two wants a separation, why undergo the stress? This is where our initial argument jumps in: legal terms often have a different meaning to what an average person perceives them to indicate.

For easier comprehension, we first need to understand the divorce process. Usually, spouses have two options:

  1. Either stay separately without involving the courts and avoid filing for marriage dissolution, or
  2. Legally end the marriage through a divorce.

In the case of the second option, the divorce process is governed by the Canadian Federal Divorce Act. The latter requires proof of a breakdown of a marriage. Now, the reasons for a marriage’s dissolution will decide whether the divorce is based on fault or no-fault.

If a spouse wants to prove the wrongdoing of their counterpart in court, the divorce involves a fault. However, if a spouse simply wants to demonstrate a breaking marriage without putting blame on the other spouse, the divorce is a no-fault.

In short, a no-fault divorce is simply an easier and faster alternative to attain a divorce. Let us discuss each case separately:

A Fault Divorce And Its Grounds

As mentioned earlier, the court requires a reason to grant a divorce, and if a reason pinpoints any spouse’s fault, the court also requires proof of wrongdoing. The grounds often laid forward for a fault divorce include:

  • Adultery: This is whereby one of the spouses is guilty of having extramarital intimate affair with another person
  • Physical cruelty: In this case, one of the spouses subjects the other to domestic violence and physical torture.
  • Mental cruelty: Lastly, mental cruelty involves mental and emotional harassment of a partner that puts them under extreme stress and anxiety.

Regardless of the grounds, the difficult part is providing proof of any such conduct. As a result of the latter, fault divorce proceedings are quite lengthy.

No-Fault Divorce

On the other hand, if you do not wish to undergo the trauma of proving your partner guilty or you feel there isn’t a need to do so, you may opt for a no-fault divorce. In this case, spouses only have to show that they have been living separately for about a year and there is no hope of ever reconciling. This method also lifts the financial burden off your shoulders as you and your family lawyer will not have to undergo the hassle of proving the other spouse’s fault.

Let The Best Family Lawyers Handle It

Regardless of the extent of the complications of your case, Peak Family Law can diligently handle the situation and ensure your success. To lift the stress and burden off your shoulders, contact us now.

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