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Divorce with separation with consent

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Anonymous Asked:

My husband is separated from me but can we apply for divorce after 1 year without separation with mutual consent and get divorced with separation ???

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I do not understand your question. I will comment that either spouse is entitled to seek a divorce at any time once they decide that they wish to be separated. As an example, if you decide to separate today then a Divorce Application can be issued tomorrow. The one year separation requirement is one of the three grounds that can be used to seek a divorce. The other two grounds are cruelty and adultery. If you wish to rely upon the ground of being separated for one year or more then that requirement must be met before the Divorce Judgment can be granted. However, as noted above, a Divorce Application can be started at any time after one spouse decides that they are separated. Mutual consent is not required.

(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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