A Divorce Order must be obtained through the court system. In Canada, a “no-fault divorce” approach was adopted and the reason for the breakdown of the relationship is irrelevant to the granting of a divorce order if a party can establish one of the three grounds for divorce.
Although all other issues may be resolved through negotiation, mediation, arbitration or litigation, a divorce must be granted by a judge. However, in cases where all issues are resolved and the divorce remains the only outstanding issue, neither spouse is required to attend the Courthouse. This is referred to as a “simple divorce.”