What are the steps for a divorce?

In Canada, you can proceed with a no-fault divorce after a one year period of separation. If you and your husband have been living separate and apart for two years, you have met this requirement. However, I am unclear as to what you mean when you say that there is no "legal separation". If you mean that you have not finalized the terms of your separation (ex: property division, support, child custody and access if applicable etc.) by way of a separation agreement or otherwise, then I usually recommend that those be dealt with as soon as practically possible. If both you and your husband agree to the divorce and NO additional relief is sought, (ex: there are no property issues, support or no children - though you should consult with a lawyer to determine if there are any claims to be made or not), or if these issues have been previously negotiated and agreed upon in a separation agreement, you can commence an application for an uncontested or simple divorce. If you are seeking an order for other things in addition to the divorce (ex: custody of children, child support, spousal support, equalization of property, etc.) you can negotiate a separation agreement and then proceed by way of an uncontested divorce, or you can commence a court application seeking those claims as well as a divorce.

It is important to keep in mind the limitation period for making a property division claim changes once a divorce is obtained. A property division claim can be commenced within 6 years of the date of separation but only 2 years from the date of the divorce. I strongly recommend that you speak with a lawyer about the application process with respect to the specific details of your situation in order to determine if you should be dealing with property/support/child issues etc. prior to or at the same time as the divorce. You may call Long Shariff & Associates for a free consultation to further discuss the details and obtain informed legal advice.