My wife left me without any notice.

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My spouse one day left without a word or note when I came home. She took my car and all the valuables from the house.
In my point of view I had no idea we were having problems. When I called she insisted on getting a divorce. Does that mean that our separation starts when she left or when we decide mutually to separate? I still feel in awe of the situation because I feel like she totally pulled one over on me and she would not even give me chance to talk over what the problem is. Please what should I do in this situation.

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

10 years ago

Answer: 1. Your separation begins, at the latest, on the day that she left. It is also possible for persons to be separated while they live together. No “mutual” agreement is necessary for parties to be separated. It is a question of fact, and it determines both when you can obtain a divorce and the date on which your property rights “freeze,” in terms of calculating your “equalization of net family property.”

2. Your second question asks what you should do. As you have not provided any facts of your situation, such as whether you have children and their ages, whether you both work and your incomes, what property that you own, health issues, etc., I am unable to provide any guidance, except to say that we can contact her to seek to negotiate possible reconciliation (it does happen) or a separation agreement. I would be pleased to provide you with a free consultation if you call me at: (905) 451-3222.

(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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