114 – Getting an AT FAULT Divorce in Canada

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Divorces Do Not Have to Be “No Fault” – They Can be Grounded in Misbehaviour

Across Canada, the United States and may other countries, the concept of no-fault divorce proliferated with almost judges almost always granting divorce without assigning fault to a spouse. There is a lot of anger about that approach. Just check out the comments on previous episodes! Often when one spouse misbehaves during the marriage, especially through adultery or violence, the other spouse can be enraged fi that “bad” spouse gets half, or is allowed to parent the kids. The law has changed to recognize that many marriages end because the spouses have grown apart and so nobody may be to blame.

Still, in Canada, it is possible to get a fault-based divorce if you really want . In addition, a recent court decision may make that a more attractive option. In this episode of the (award winning) Ontario Family Law Podcast, Certified Specialist in Family Law, ⁠John Schuman⁠, will explains when you can get a fault-based divorce, and why you might want to consider it. 

This is the second in a three part series that looks how the Ahluwalia decision will affect divorces, parenting/child custody cases and other aspects of Family Law. 

Get More Information:

If you found this episode helpful, you may also like these episodes:

113. ⁠Getting Damages Payments for Abuse in a Relationship⁠

105. ⁠The Surprising Ways Adultery Does and Does Not Affect Family Court Cases⁠

99. ⁠When Can You Throw Out Your Ex?⁠72. ⁠Why a Judge Might Refuse to Grant Your Divorce⁠

51. ⁠Who Pays the Costs of an Ontario Divorce?⁠

These episodes explain the Ontario Family Court process:

112. ⁠What To Expect At Each Type of Family Court Appearance⁠

14. ⁠Ontario Family Court Step by Step – Part 1: Starting and Responding to Family Court Proceedings⁠ 

15. ⁠Ontario Family Court Step by Step – Part 2: From First Appearance to the last court appearance before trial ⁠ 

16. ⁠Ontario Family Court Step by Step 3 – The Trial in Family Court⁠

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. Get it as a ⁠⁠⁠$8.99 Kindle eBook ⁠⁠⁠, or as an ⁠⁠⁠AppleBook for your iPad or iPhone ⁠⁠⁠. You can also get it as a⁠⁠⁠ paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores. 

And, of course, if you need more information, or advice that is specific to your situation, contact us to set up consultation. Call 647-342-6775 or use this booking form.

Contact Us

To contact John Schuman, Certified Specialist in Family Law and Education Lawyer, call 647-342-6775, email him at john@schumanlaw.ca, or use the form on this page.

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