Grounds for Divorce in Saskatchewan

When a couple needs to go through a divorce, they have to deal with a challenging and demanding time. Also, sometimes it breaks them mentally and emotionally. Therefore, couples dealing with marital relationships may go for professional help and ask for a divorce.

There is the Divorce Act in Canada which covers separation, child support, spouse support, and many more. However, if you want to get divorced, you need to apply for it in court. Especially in Canada, marital breakdown is only one ground for marital separation.

So, in this writing, we will explore what is a marital breakdown and grounds for divorce in Saskatchewan. There are several ways to prove the marriage breakdown and get a divorce in Saskatchewan.

What are the grounds for divorce in Saskatchewan?

Spouses planning to get a divorce need to go through federal legislation known as the Divorce Act. Generally, those divorce acts will apply all over Canada, including the Saskatchewan divorce laws.

If you want to get divorced, you may need to find out the proper grounds for the divorce. Some common grounds for divorce are the following:

When your partner commits adultery or cheating?

This is a common ground for divorce. For example, if your partner has committed adultery, you can seek a divorce. In that case, you need to prove to the court that the infidelity has occurred. To seek divorce from your spouse, you need to claim against the other party.

Sometimes, it is unnecessary to mention the name of the person with whom your spouse commits adultery. Also, it is not necessary to find your partner in bed with another person. However, it would be best if you established the probability of cheating in court. For example, it can be a night out with another person.

Sometimes, it becomes so easy to prove in court when your spouse admits their action. However, if the relationship between you and your partner is an open marriage relationship.

In that case, extramarital sex doesn’t count. So there is no reliable way to prove adultery. But you can prove it through examining or by the appearance of the court.

Bigamy

According to Canadian family law, Bigamy is not something legal. Bigamy means marrying someone else when you are already married. Suppose you find your spouse in any bigamy relationship. You can file for divorce afterward. It means you have legal rights to take action against it.

Sometimes, it also can happen to you if you are involved in a bigamy relationship. Then your spouse also can have divorce rights against you. And the final court decision will be determined depending on your circumstances and situation.

Mental incapacity or Impotence at the time of marriage

In some cases, when the legal marriage takes place officially. One spouse may find some issues with the other spouse. It can be mental incapacity or Impotence. Sometimes, these problems or issues can be very severe. If the other spouse thinks they cannot take those issues anymore.

They have the legal right to file for a legal separation in Saskatchewan. Additionally, at the end of marriage, spouses need to deal with a lot of things.

For example, suppose there is any mental incapacity or inability to take the necessary action. Then it would be considered as the immaturity of the spouse. So, this can be another ground for divorce.

You and your partner have been living apart for a year

This is one of the most common and popular grounds for divorce. Also, it is pretty easy to prove in court. If you and your spouse live separately for more than 12 months, it would be considered marital separation.

However, this 12-month period should be uninterrupted. If there is any interruption or if you guys were living apart for six months, then start living together again. Then it would not be considered as separation. The time cycle for 12 months will be started again.

In some cases, you and your partner can live separately and apart in the same dwelling if you have separation agreements.

In that case, it is a little bit hard to prove in court. But it would be best if you keep certain things in your mind. Such as, you need to have a separate independent life with separate home maintenance and so on.

If your partner treats you with cruelty

In some cases, some spouses go to court only because their partner treats them with cruelty. Sometimes it is mental abuse or physical abuse. In such cases, if the other partner wants, then s/he can choose to seek divorce.

When you go to court, the court will interpret your situation. They will try to discover any consistent mental or physical abusive record that makes cohabitation intolerable. Sometimes, the other spouse is the reason for some unnecessary pain and suffering.

If you want to seek divorce on this ground, you need to present and prove the cruelty in court. However, the matter of cruelty is very subjective. So if you are the victim and raise a claim against another person, then the court will reexamine and interpret your situation and come to a final decision.

Marriage between close relatives

Sometimes, people get married to their close relatives. But in most cases, they lose interest in each other in a short time. Usually, it is because they were known to each other long ago. So, this can be another ground for divorce. However, it is not as common as other divorce grounds.

Force or fraud in obtaining the marriage

Forced marriage can happen to anyone. Force marriage means marrying someone forcefully without any love or affection.

When a forced marriage takes place, in that relationship, spouses barely have that connection of love. As a result, if the other spouse wants to take this as a ground for divorce. They can file for a divorce in their family court.

Criminal conviction and/or imprisonment

This is another ground for divorce. When one spouse is convicted of any criminal offense. They may have to go through some penalties or imprisonment.

When it is lifetime imprisonment, there is no chance for any marital or conjugal relationship between spouses. So, If the other spouse wants, they can take it as a ground for divorce.

Mental or physical abuse

In some marital relationships, spouses may go through some mental or physical abuse. It also can be considered as domestic abuse.

It can make a relationship very stressful and toxic. When the love goes away from a relationship, those abuses take place between the spouses. So, if the victim wants, they can file for a divorce.

Drug or alcohol addiction

Drug and alcohol addiction can be very severe and dangerous sometimes. It is one of the main reasons behind mental illness or any mental, or physical abuse. In addition, this is the gateway for all kinds of domestic abuse in a relationship.

So, this is a common ground for divorce. Suppose a spouse wants to get divorced for this reason. Then, it will be easier for them to present it to the court and seek legal separation in Saskatchewan.

Exceptions to Residency Requirements

In Canada, the general rule states that only Canadian residents are eligible to seek a divorce. If you and your spouse are not Canadian residents, you will not be able to obtain a divorce under Canada’s Divorce Act.

However, there is an alternative option available under the Civil Marriage Act, provided you meet BOTH of the following conditions:

• Your marriage took place in Canada.
• Your marriage cannot be dissolved in the country where either you or your spouse currently resides because that country does not recognize your Canadian marriage.

To dissolve your marriage under the Civil Marriage Act, you must submit an application to a Superior Court in the province or territory where your marriage occurred.

For guidance on the necessary steps, consulting with a lawyer in that particular province or territory is recommended. Additionally, you can seek information from a Superior Court or the Department of Justice or Attorney General in the relevant province.

Applying for no-fault divorce

Almost in every state, you will find a form for no-fault divorce. To apply for a no-fault divorce, you still need to find out some legal grounds for divorce. Mainly in the no-fault divorce, you can file for legal separation based on Incompatibility or conflict in the relationship.

These are just some formal ways to seek divorce from the court. No-fault divorces are usually prevalent and much more accessible than other types of divorce. Because the procedures also are not that lengthy and time-consuming, like different types of divorce.

What is a Wife Entitled to in a Divorce in Saskatchewan?

In Saskatchewan, a wife’s entitlements in a divorce depend on several factors, including the length of the marriage, financial circumstances, and contributions to the household. Generally, she is entitled to an equal division of family property, which includes assets acquired during the marriage, such as the family home, vehicles, savings, and pensions. If there are children involved, child support will be determined based on federal guidelines to ensure the children’s financial needs are met.

Spousal support, or alimony, may also be granted if one spouse requires financial assistance to maintain their standard of living or if there is a significant income disparity. The courts consider various factors, such as each spouse’s income, health, and ability to earn, before deciding.

It’s important to note that these entitlements aim to create fairness and support a stable transition for both parties. Consulting a family lawyer can help ensure that a wife’s rights are protected and all legal aspects of the divorce are addressed properly.

Final Words

When a marital relationship breaks down, a couple needs to face a lot of complexity and issues. And after that, when they start living apart and separately, the problems become much more significant. Because they need to deal with the family’s shared property, child custody, and many more.

So, if you want to seek divorce from your partner on any of those mentioned grounds, it is always wise and advisable for you to consult with a divorce lawyer. A professional divorce lawyer can guide you throughout the whole process of divorce. Hopefully, this writing helped you to understand the common Grounds for Divorce in Saskatchewan.

So, if you want to seek divorce from your partner on any of those mentioned grounds, as well as you know how to find a good divorce lawyer, it is always wise and advisable to consult with a professional divorce lawyer.

An experienced professional divorce lawyer can guide you throughout the entire process of divorce. Hopefully, this writing helped you to understand the common Grounds for Divorce in Saskatchewan.

FAQs

What are the 3 grounds for divorce?

If you have three grounds, you can divorce your spouse in Canada. The 1st one is- if the spouse lives separately at least for one year. The next one is finding your spouse committing adultery or cheating on you. Last but not least is mental or physical abuse by the spouse.

What are the most common grounds for divorce?

Physical or mental abuse, infidelity, absence of intimacy or tenderness are the most common reasons people decide to divorce. Addiction, resistance to compromise, and marriage by wrong decisions are other predominant reasons why couples come to one of their most critical life decisions.

How does divorce work in Saskatchewan?

The first step is to file a divorce case. For that, you need several papers along with the marriage certificate and fees for court filing. There might be a need for a separation agreement before filing the case if any assets are to be divided. Upon applying, once the court answers the application for divorce, along with a divorce certificate, you can call it finally a divorce. This normally takes weeks to months.

What is the number 1 reason for divorce?

Surprisingly the prime reason for divorce is not the very issue- inconstancy, disrespect between the spouses. Despite losing interest in each other coming forward every time, money is an even more influential element. The incompetence in fulfilling needs leads to all additional exertion that divorce seems to be the only solution.

Can you get divorced without reason?

According to the orthodox idea, one must prove that their marriage is void, which needs a valid reason. That suggests presenting and proving grounds for divorce. But, there is a modern term ‘no-fault divorce’. In Canada, the idea is not the same as the exact title. A full one-year separation is called here ‘no-fault divorce’. So, technically, divorce is possible without reason, yet one has to wait for 12 months.