Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Divorce under one year waiting period

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

I want to divorce my ex. I understand that the one year waiting period doesn't apply to situations where there was physical or mental cruelty. in my situation, the mental cruelty didn't happen until after we separated. Could I still apply for divorce now?

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
6 years ago

Any spouse can commence a divorce proceeding at any time. In order to obtain the actual Divorce order, sufficient evidence must be presented to convince a judge that either A. The couple has not been cohabiting as husband and wife for at least one year preceding the granting of the divorce order (even if remaining under the same roof – the couple has not been intimate, not been cooking and cleaning for each other and not been holding themselves out as a couple in public); or B sufficient evidence to convince a judge that there has been adultery; or C. sufficient evidence to prove physical or mental cruelty has occurred of such a nature so as to render continued cohabitation impossible. Usually an uncontested divorce is easiest to achieve by way of a 1 year separation as the opposing party typically will not file anything to oppose that. However if you allege adultery or cruelty and the other party files anything to deny that, then it becomes contested and costly and would require a trial to prove on the weight of the evidence that cruelty or adultery has occurred.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
Would love your thoughts, please comment.x