Legal Question in Family Law in Canada
Divorce
I have been seperated since 2001 but have not been legally divorced. Is there a length of time before the divorce is automatic?
Asked on 1/11/08, 6:22 pm
1 Answer from Attorneys
Donald McLeod
Donald R. McLeod Law Corp.
Re: Divorce
No, divorce is never automatic. You must always make a claim in the Supreme Court of British Columbia; you are entitled to a divorce after you have lived separate and apart for 1 year, but you must still petition the Court for the Divorce Order. If there are any children under the age of 19, you will not be granted a divorce until the Court is satisfied that there is an appropriate Court Order for their support (or agreement in writing enforceable as if it were an Order) in place.
Answered on 1/11/08, 7:53 pm