After how many years of separation, comes divorce automatically and what are the conditions?
Asked over 7 years ago in Quebec
Categories: Family Law
<br />Assuming you're in Canada...most of the Provinces I think the divorce criteria is relatively the same, as it's a federal jurisdiction....you only need 12 consecutive months living apart to file for a divorce (decree nisi). If at any time, even a day or two, you live together it's considered a reconciliation & you nullify any time served apart; basically the "clock" resets itself. The criteria is varied...anymore you don't need any substantial grounds for a divorce..."irreconcilable" differences is enough...but you can, if you like, add any evidence of "infidelity" (adultery), mental cruelty (psychological/emotional abuse) or physical violence (physical abuse). If you do list "infidelity" as a cause, you then have to name the parties with whom your spouse cheated. These "adulterers" can then be summonsed to court for testimony, so be wary. Other than that, divorces are relatively automatic & can be obtained through "consensual" grounds (both parties agree to the divorce; less complicated & efficient, more cost effective)...either way, you must file in the Superior Court, the spouse has to be served...you are "petitioning" the court.
Posted over 7 years ago