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Difference between revisions of "Requirements for Divorce and Annulment"
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Requirements for Divorce and Annulment (view source)
Revision as of 01:50, 27 April 2021
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Spouses who are separated can live together again to try and make the marriage work. Within the one-year separation period, they can get back together in a marriage-like relationship for '''up to 90 days''' without restarting the clock on the separation date. If they live together for '''more than 90 days''', the one-year separation period '''starts over''' if they break up again later. For more details, [[Separation and Separation Agreements|see our information on separation and separation agreements]]. | Spouses who are separated can live together again to try and make the marriage work. Within the one-year separation period, they can get back together in a marriage-like relationship for '''up to 90 days''' without restarting the clock on the separation date. If they live together for '''more than 90 days''', the one-year separation period '''starts over''' if they break up again later. For more details, [[Separation and Separation Agreements|see our information on separation and separation agreements]]. | ||
=== | ===Basing divorce on adultery or cruelty=== | ||
'''Adultery''' is when a spouse has sex (even once) with someone who isn’t their spouse. You can’t claim a divorce based on cruelty or adultery that ''you'' committed. If you ask for a divorce based on '''your spouse’s''' adultery or cruelty, you must prove that the adultery or cruelty occurred. That can be difficult if the other spouse doesn’t agree. This is why most people ask for a divorce order based on having lived separate and apart for at least one year -- even if adultery or cruelty has occurred. | |||
You | |||
==== | ====Proving adultery in a divorce proceeding==== | ||
Adultery is usually proven by having the spouse who committed it say so in an '''affidavit'''. An affidavit is a legal document where a witness makes statements about facts they say are true. | |||
If your spouse won’t admit to the adultery, then you will have to prove it some other way. Saying that you believe or suspect that your spouse committed adultery isn’t enough. A court will only grant a divorce based on adultery if it’s convinced there’s credible evidence that the adultery occurred. | |||
You could prove your spouse committed adultery by having them, or another witness, testify in court about it. The person with whom your spouse committed adultery doesn’t have to be involved in the court case. But you can ask them to give evidence of the adultery. | |||
====Proving cruelty in a divorce proceeding==== | |||
You can establish the breakdown of a marriage by showing '''cruelty''' that makes living together '''intolerable'''. Cruelty can be either physical or mental abuse or both. You have to prove your spouse’s behaviour toward you made staying with them impossible. Mental cruelty is harder to prove than physical cruelty. | |||
To support your case, evidence can be provided in the form of police reports, medical records, text messages, emails, and photos of physical injuries or property damage caused by your spouse. You should speak to a lawyer to see if you have enough evidence to prove cruelty. | |||
===A desk-order divorce allows you to avoid going to court=== | ===A desk-order divorce allows you to avoid going to court=== | ||
