have not see each other in a year

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Been separated since last May with out any contact what so ever I moved to Ont in August Ex still lives in Nova Scotia I want to file for non contested divorce once May comes but don t know where to start. There was mental crueltly involved I wish no contact what so ever what doi do where do I start?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: The Divorce Act requires that you be living in Ontario for one year before we are allowed to file an Application seeking the divorce. You can then use one of three grounds to obtain the divorce, namely: 1. Living separate and apart for one year or more; 2. Cruelty; or 3. Adultery. Most people use ground 1. We can start the divorce anytime after your one year anniversary in Ontario. As well, if you wish any “corollary relief” issues determined (custody; access; child support; spousal support; property division, etc.) we can deal with these issues at the same time.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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