In Ontario, either married spouse may commence an Application to the Superior Court of Justice seeking a divorce. However, before applying for a divorce, you must seek independent legal advice. Generally, applying for a divorce occurs after the settlement or finalization of collateral issues such as custody, access, support, and equalization of net family property.
When a marriage is entered into on circumstances of mistake or fraud, a party may opt to seek an annulment of their marriage. An annulment is a decree to say that the marriage did not exist.
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