Understanding Marriage Separation and Grounds for Divorce

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Understanding Marriage Separation and Grounds for
Divorce

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There are specific requirements for getting a
divorce under Canadian law. One of the
requirements is a mandatory one-year waiting
period from the time of separation before a
divorce can be finalized.

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3
Often people mistakenly assume they must wait a
year from the time they legally file for a
divorce for it to be finalized, but that is not
the case.

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4
In reality, the court will recognize the actual
date when a couple separated and began living
separate and apart, regardless of when
the divorce paperwork was actually filed.

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For instance, you and your spouse separate and
started living apart in October last year, but
neither party files for the actual divorce until
May of this year.

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The court will acknowledge that the separation
occurred seven months ago, and thus, there would
be only another five months to wait for the
divorce to be finalized.

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Another thing that should be understood is that
there is no legal filing for separation. Rather,
you are considered legally separated the moment
you start living separate and apart, even if
you are still living under the same roof. Some
couples make the assumption they must file for
divorce to be considered legally separated. This
is wrong.

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People get this is confused because the term
 legal separation is often used to refer to the
separation agreement the couple has agreed to and
signed which  addresses various issues, such as
spousal support, child support, and child custody
and visitation.

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This often resolves what are known as corollary
issues during the waiting period leading up to
the actual divorce, but the divorce itself
requires a waiting period of one year.

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If there is a separation agreement, that document
will spell out the date of separation for the
purpose of obtaining a divorce.

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There are two specific types of divorce in
Canada No Fault and Fault. The vast majority
of divorces are handled as No Fault divorces,
where the divorce itself is not contested and the
only element to be considered is the length of
separation, which must be one year.
Types of Divorce

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Parties may contest various issues as part of a
divorce proceeding support payments, child
custody, access, and division of property- these
are corollary issues.

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But again, aside from these issues, the actual
divorce is still considered to be uncontested,
unless of course the parties cannot agree on the
date of separation.

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In Fault divorce proceedings,  one party can
file for divorce on the basis of cruelty or
adultery, and thus has to prove the other person
is at fault for the failure of the marriage on
those grounds.

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While the law does allow for Fault filings,
they tend to take longer to finalize than No
Fault divorces. Furthermore, Fault divorces
can be more costly.

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Even if you have proof of a cheating spouse or an
abusive domestic situation, it can be better to
file for a No Fault divorce in order to avoid
the added stress, cost, and time needed to
finalize a Fault divorce,

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since you have to prove the alleged fault in
court, whereas a no fault divorce requires a
simple confirmation that parties have been
separated for a year.

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Regardless of the reasons for the divorce, every
couples situation is different, and is based on
unique facts. It is for this reason that, even in
amicable divorce proceedings,

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it is highly recommended to consult with your own
Ottawa divorce lawyer to obtain sound legal
advice to help you make the best decisions for
you, your family and your future.

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Please feel free to contact Davies Law Firm at
613-688-0462 to arrange a consultation with one
of our Ottawa family lawyers today, for more
information about filing for divorce, separation
agreements, or other family law matters. 
Source- http//www.daviesdivorcelaw.com/understan
ding-marriage-separation-and-grounds/

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