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1 year separation period?

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Anonymous Asked:

I am moving back to my home in the USA, but my wife is deciding to stay in Quebec. We have no children and I am leaving all belongings to her. Do I still have to go through the 1 year separation period, or can I get a divorce right away?

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Andrew Heft
5 years ago

In order to obtain a divorce in Canada, proof must be made that there was a breakdown of the marriage. In order to do so, the one (1) year separation period is by far the easiest and it is usually recommended to parties. The other ways to establish breakdown of the marriage is to prove that there was adultery or physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. If such were the case, it could be possible to make such proof and obtain a divorce based on said cause of the breakdown of marriage.

Take note however that it is considered collusion if such evidence is fabricated by the parties or if they intentionally attempt to deceive the court. It is the Court’s duty to verify the allegations and make sure that the Divorce which it is asked to render is not obtained through collusion or deception of the Court.

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