Legal Question in Family Law in Canada

Divorce

How long do I have to be separated to get a divorce


Asked on 1/22/06, 2:55 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Divorce

You may file for divorce at any time after separation, and

(a) if the grounds for divorce are inability to live together, then you may have a divorce order after you have been separated for one year, and the divorce is final 31 days after that;

(b) if the grounds for divorce are cruelty or adultery, you may ask for a divorce order without waiting the one year period, and the dovrce order is final 31 days after th order is made

The time it takes to obtain a divorce, if there is no opposition, and the grounds are adultery or cruelty, varies, but from the time of filing for divorce until the dovorce Order is about four to six months; this period is a rough estimate and does vary; the reason for it is due to administrative matters in the Provincial Court system and the Federal government divorce registry.

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Answered on 1/24/06, 10:35 pm


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