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Difference between revisions of "Requirements for Divorce and Annulment"
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Requirements for Divorce and Annulment (view source)
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*one spouse has been mentally or physically abusive to the other spouse, called “cruelty” in the ''Divorce Act'', which has made living together intolerable. | *one spouse has been mentally or physically abusive to the other spouse, called “cruelty” in the ''Divorce Act'', which has made living together intolerable. | ||
Most people ask for a divorce order based on separation of at least one year. To claim a divorce based on adultery or cruelty, you must be able to prove that the adultery or cruelty occurred, and that can be difficult if the other spouse does not agree | Most people ask for a divorce order based on separation of at least one year. To claim a divorce based on adultery or cruelty, you must be able to prove that the adultery or cruelty occurred, and that can be difficult if the other spouse does not agree. | ||
==What does it mean to be separated for a year?== | ==What does it mean to be separated for a year?== | ||
Separation usually means living in separate places. However, some couples can be separated even though they continue to live in the same home, as long as the marriage-like quality and intimacy of their relationship has ended. For example they no longer | Separation usually means living in separate places. However, some couples can be separated even though they continue to live in the same home, as long as the marriage-like quality and intimacy of their relationship has ended. For example, they no longer sleep together, do chores for each other, go to family events together as a couple and so on. | ||
==When does the one-year period of separation start?== | ==When does the one-year period of separation start?== | ||
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==How long does it take to obtain a divorce?== | ==How long does it take to obtain a divorce?== | ||
This varies from case to case and will depend on how long it takes for the issues of parenting arrangements, child support, spousal support and division of family property and debt, all of which are called “corollary relief,” to be resolved. Except in special circumstances, all of the corollary relief must be resolved before a court will make a divorce order. Once the corollary relief is resolved, then a divorce can take 3 to 6 months to finalize, depending on what steps have already been taken by that point and how busy the court registry where the court case has been filed. The time it takes to get a divorce order may be shortened if a court application for divorce is done through a court hearing. For more information on this option you should speak with a lawyer. | This varies from case to case and will depend on how long it takes for the issues of parenting arrangements, child support, spousal support and division of family property and debt, all of which are called “corollary relief,” to be resolved. Except in special circumstances, all of the corollary relief must be resolved before a court will make a divorce order. Once the corollary relief is resolved, then a divorce can take 3 to 6 months to finalize, depending on what steps have already been taken by that point and how busy the court registry where the court case has been filed is. The time it takes to get a divorce order may be shortened if a court application for divorce is done through a court hearing. For more information on this option you should speak with a lawyer. | ||
==Summary== | ==Summary== | ||
