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Seeking divorce /1 yr marriage

Posted in Divorce, Location, Ontario, Scarborough by Questions on December 26, 2015

Anonymous Asked:

I have been married for a year and seeking a divorce. It was an arranged marriage, and things never worked out well between us. We lived together for a year but did not ever have any physical relation between us. We lived our own lives. Only lived together for the sake of families and hoping things may change. But things did not and remained the same. We did not have any emotional bonding, and care for one another.
Can this be seen as “living apart for a year” and I can apply for divorce?

1 Expert Comment

  1. On December 27, 2015 at 12:28 pm
    Andrew J. Kania, LL.B., LL.M. said:

    A divorce Application can be started at any time. There are three grounds to claim a divorce in Ontario. One is adultery, the second is cruelty, and the third is being separated for a year or more. The date of your separation is a question of fact. A Judge would consider all of the factual circumstances of the case. Based on your question it would appear that you would be able to rely upon this third ground and finalize the divorce either now or in the near future. I cannot provide you with a legal opinion in this post; however you are welcome to telephone me at 905-451-3222 for a free consultation. I repeat that we can start the divorce Application at any time and it is likely that after we speak I will advise you that the divorce can also now be finalized.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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