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Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims.
Established in 1998 through the Legal Aid Services Act [3] and successor to the Ontario Legal Aid Plan (OLAP), Legal Aid Ontario provides legal aid services to low-income individuals in the province of Ontario through duty counsel, community legal clinics, public legal education, summary legal advice, alternative dispute resolution, self-help materials and legal representation under the ...
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
In Ontario, divorce was not permitted until 1930, when the federal Parliament enacted a divorce law which applied specifically to Ontario. [ 105 ] The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based ...
Ontario: 18, or 16 with written consent from both sets of parents. [19] Quebec: 18, or 16 with authorization from the courts. [20] New Brunswick: 18, or 16 with an affidavit of consent signed by parents or guardians. [21] Nova Scotia: 19, or 16 with a signed consent form. [22] Prince Edward Island: 18, or 16 with a consent form signed by parent ...
The party filing for the divorce must prove that the other party has done something to justify ending the union. [8] Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other party’s guilt. [8]
A summary divorce means the spouses have discussed the terms required by state law to issue a divorce and they have reached a mutual agreement. Almost every state allows for this type of "uncontested" divorce. [83] [84] An uncontested joint divorce petition will often save a divorcing couple both time and money.