When you want to get a divorce, there are a few things you’ll need to do. The main thing is providing evidence that you have the grounds for divorce that fall under the federal guidelines. In Canada, one of the three grounds for divorce is a one-year separation. During the last 365 days, if you haven’t lived with your spouse in the same home, you can apply for your divorce without any other reason.
If that option won’t work for you, you have two others to choose from. If you can prove adultery took place or cruelty is the cause of your divorce, those are also grounds for divorce. Generally speaking, most Canadians move forward by separating for a year, and during that time, they work through issues like how to divide assets or working out spousal support payments.
During the separation term, you can work out a separation agreement with your soon-to-be ex. If the agreement works out well for you, it can eventually be used in your divorce as your guideline for asset division, child support and other important decisions.
You don’t need to get a divorce if you want to live separately, but if either of you ever want to marry again, it’s necessary to do so. You can reach a settlement and divorce privately, or if you can’t decide in private, you can go to court and have a judge do so for you.
Our website has more information on divorce in Canada and how you can avoid a drawn-out divorce. With a year between filing and getting a divorce, you can make the best of it with mediation and a separation agreement, so you can have a speedy divorce as soon as you’re legally able to.
Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9