"Divorce is the psychological equivalent of a triple coronary bypass." - Mary Kay Blakely

Divorce doesn't have to involve a courtroom unless you and your former husband/wife can not agree. A court will be involved only if negotiations and collaborative methods fail. Mediation and collaborative divorces are a great options for families that can work through their differences and reach agreement on all aspects of the divorce. 

 There are 3 legally accepted grounds for divorce, according to the Divorce Act:

• 1) Separation: When married couple have lived apart for at least 1 year.
• 2) Adultery: When a married person has had sex with someone other than their spouse.
• 3) Cruelty: This is when when a spouse commits physical or mental cruelty to the other spouse, including:

                            ·  Violence;                           

                            ·  constant verbal abuse, such as insults or threats                             

                            ·  drunkenness                            

                            ·  excessive drug use

Note: the cruelty must be so severe that it makes living together impossible. 

All family property (or formerly matrimonial property) by default is divided equally between spouses, unless one party can show legally that he or she is entitled to unequal property division due to legal exemptions.

Separate property or exempt property, usually refers to property that was acquired before marriage or the property a spouse received as a gift or inheritance during the marriage. However, note that the increase in value during marriage may be subject to property division. 

 If the grounds for divorce are properly pleaded, the court will most likely grant a divorce even if only one spouse wants it. However, there may be certain rare circumstances where the court might be reluctant to grant a divorce, such as when a parent owes extensive child support arrears or spousal support arrears. 

If the parties file the divorce package jointly, then it takes 4 weeks to 16 weeks to get divorced.

However, if one of the parties does not consent to divorce, then it could take one year, or more, to get divorced.