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Difference between revisions of "Divorce Act Basics"
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===When can the court make the divorce order?=== | ===When can the court make the divorce order?=== | ||
If the claim for the divorce is based on separation, the spouse cannot apply for the divorce order until one year has passed from the date of separation. The one-year period doesn't run from the date the court proceeding is started | If the claim for the divorce is based on separation, the spouse cannot apply for the divorce order until one year has passed from the date of separation. The one-year period doesn't run from the date the court proceeding is started; it runs from the date of separation. | ||
The nice thing about claims based on adultery or cruelty is that the application for divorce can be made right away, without having to wait for one year. However, the adultery or cruelty must be proven and if more than year has passed by the time the court is asked to make the divorce order the court may very well refuse to make the divorce order except because of the spouses' separation. | The nice thing about claims based on adultery or cruelty is that the application for divorce can be made right away, without having to wait for one year. However, the adultery or cruelty must be proven, and if more than a year has passed by the time the court is asked to make the divorce order, the court may very well refuse to make the divorce order except because of the spouses' separation. | ||
===What about child support?=== | ===What about child support?=== | ||
