When a couple needs to go through a divorce, they need 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 where it covers separation, child support, spouse support, and many more. It also covers some guidelines for child support. 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.
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So, in this writing, we will explore what is marital breakdown and Grounds for Divorce in Saskatchewan. There are several ways to prove the marriage breakdown.
What are the grounds for divorce in Saskatchewan?
- 1 What are the grounds for divorce in Saskatchewan?
- 1.1 · When your partner commits adultery or cheating:
- 1.2 · Bigamy:
- 1.3 · Mental incapacity or Impotence at the time of marriage:
- 1.4 · You and your partner have been living apart for a year:
- 1.5 · If your partner treats you with cruelty:
- 1.6 · Marriage between close relatives:
- 1.7 · Force or fraud in obtaining the marriage:
- 1.8 · Criminal conviction and/or imprisonment:
- 1.9 · Mental or physical abuse:
- 1.10 · Drug or alcohol addiction:
- 2 Applying for no-fault divorce:
- 3 The bottom line:
- 4 Frequently Asked Questions
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 cases, extramarital sex doesn’t count in this manner. So there is no reliable way to prove adultery. But you can prove it through examining or by the appearance of the court.
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 be happened to you if you are involved with any 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 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 easier 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. 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 the 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 between 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 and 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 for 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 consider 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, 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.
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 the 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.
Read Also: Why Do I need a Uncontested Divorce Lawyer?
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 shared property, custody issues, 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.
Frequently Asked Questions
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 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, 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 the separation agreement before filing the case if any assets are to divide. 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 comes 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. 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.