Legal Question in Family Law in Canada
My husband and I have been married for 19 months. He stopped having sex with me in March of 2010 without explanation. In the last 9 months we have only had sex one time.
Because of this and many other problems in our marriage, I am at a place where I would like a divorce.
I moved out of our home and back to my parent's a month ago.
I am aware that in BC you are required to be separated for a full year before a divorce can be finalized, however, I am wondering if for us, the "separation" period could be counted as starting when we stopped having sex, or if I have to wait a full year from the date that I decided to move out.
1 Answer from Attorneys
In British Columbia you may commence divorce proceedings as soon as you separate. You can not have an order for divorce until you have been separated for a year, if the gounds are incompatibility. If the grounds for divorce are other, such as adultery, or physicl/mental cruelty of such a kind and nature as to make continued cohabitation impossible, then you may apply for a divorce order almost immediately. In either case, you can resolve all issues except the order for divorce itself within the year following the separation, but in many cases if matters such as child or spousal support, access or asset division are contentious, it takes more than the year to resolve.
When the period of separation begins has not got much to do with whether or not you engage in sex; it is a lot more. In lay terms it begins when you start living separate lives, regardless of if you are in the same house or not.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
