Legal Question in Family Law in Canada
What's the difference
what is the difference between seperation and divorce, and can divorce be as simple as signing the papers, or do you have to go in front of a judge, even if isn't contested? thank you
1 Answer from Attorneys
Re: What's the difference
Separation simply living apart. Divorce is the legal undoing of a marriage. All divorces require a Court Order, made by a Judge. In British Columbia, some divorces are granted by a Judge without the people involved personally appearing in Court, but the court documents are prepared and presented to a Judge who still considers the matters set out in them, decides if there is legal reason for a divorce, and then makes a decision. There can be many complicating factors, such as arise if children are involved, if one partner has lesser earning power than another, is ill, if there are assets that must be divided, and so on. Please consult a lawyer for advice specific to your situation.