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.

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Answered on 1/11/08, 7:53 pm


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