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Divorce Act

1 byte removed, 01:43, 19 November 2020
The Divorce Act
<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>
In other words, a "child of the marriage" is someone who is less than 19 years old &mdash; the age of majority in British Columbia &mdash; or who is 19 and or older if the child cannot support themselves for some reason, like going to college or university. The definition of "child of the marriage" is expanded in section 2(2) of the ''Divorce Act'' to include stepparents.
Not only do you have to be married to ask for an order under the ''Divorce Act'', you also have to be ''habitually resident'' in your province for at least one year before you can ask the court of your province for the order. If you've lived in your province for less than 12 months, and your spouse has been habitually resident in their province for at least a year, you can ask the court there for an order under the ''Divorce Act.''
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