After how many years of separation, comes divorce automatically and what are the conditions?


Asked almost 4 years ago in Quebec
Categories: Family Law

Answer Now

Comment

<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 &amp; 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 &amp; can be obtained through "consensual" grounds (both parties agree to the divorce; less complicated &amp; 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 almost 4 years ago

For Lawyers:
Join the Directory
for Free!

Learn More
Immigration Tim Bailey British Columbia Lawyer Tim Bailey Verified Lawyer Immigration to Canada is a matter of careful planning. Details

Connect with us:

Family Matters with Justice Harvey Brownstone - Watch Online TV ShowWatch Online TV Show
Fleet St. Law - A Full Service Law Chambers in Toronto d.g. bremner & co. - Menswear and Accessories
Smartsettle - Helping You Negotiate Complex Family Agreements, Assisting Lawyers, Mediators, and Families Feldstein Family Law Group - 1 (800) 498-3486, Request a Consultation