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It is important to understand the difference between a separation and a divorce because legally they have different meanings and implications for both parties.
A separation is when two people who have been living together as a married or common-law couple decide to live apart. In some circumstances, it is possible to be considered “separate and apart” while continuing to live in the same home.
Several factors are considered by the courts to determine if a separation actually occured, including if the parties:
Upon separation, parties may enter into a Separation Agreement or obtain a court order to settle how certain family matters will be handled under Ontario law, including the custody arrangement for children, child support, spousal support, debts and division of assets.
Many couples choose to remain separated for years and only complete the formal divorce process if one of them seeks to remarry.
If you are not sure if you would be considered separated in your circumstances or how to proceed with your separation, contact us to speak with a lawyer.
A divorce legally ends the marriage and allows the ex-spouses to remarry. Unlike separation, divorce cannot be resolved right away.
In family law, unless there are issues of adultery or cruelty, spouses must live “separate and apart” for a period of one year preceding the divorce application. You may begin the divorce process during the one year of living separate and apart; however, the divorce cannot be completed until the year has passed.
In Ontario, you can apply for a divorce if you meet the following 3 eligibility criteria:
If both you and your spouse live outside of Canada or in a country that does not recognize your Canadian marriage, you may qualify to end your marriage under the Civil Marriage Act and can still apply for divorce in Ontario.
Many couples choose to remain separated for years and only complete the formal divorce process if one of them seeks to remarry.
If you are not sure if you would be considered separated in your circumstances or how to proceed with your separation, contact us to speak with a lawyer .
To get a divorce in Canada, you must show that your marriage has broken down in one of three ways:
The first two options constitute a “fault” divorce, whereas separation constitutes a “no-fault divorce.”
A fault divorce — which cites cruelty or adultery as the grounds for divorce — has the possibility of obtaining a Divorce Order in less than a year. The party claiming divorce on fault grounds must provide clear and convincing evidence to prove adultery or cruelty occurred, which can be costly and time-consuming.
A divorce takes effect on the 31st day after the divorce judgment is issued. After the divorce is granted, the ex-spouses can request a divorce certificate confirming the divorce and the date it took effect.
Yes. The court can grant a divorce application by either spouse, and does not require the consent of both parties.
Although going through divorce or separation is never easy, the legal side doesn't have to be difficult. Lawyers at Khan Law have helped countless families navigate relationship breakdown and divorce, so that they can move forward with their lives.
Contact us today to learn about your options.
Navigating the legal complexities of divorce and separation can be a difficult and emotional journey. Our team of qualified attorneys are here to provide you with the support and understanding you need during this challenging time.
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Khan Law is a boutique law practice that has been providing legal services to the Greater Toronto Area since the year 2000.