When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.
There may not necessarily be a specific reason for wanting a divorce. Nobody may be at fault, but the relationship has simply fallen apart and there is no hope for reconciliation. Approximately 40% of all marriages in Canada end in divorce according to Statistics Canada. If nobody is at fault, you and your spouse will apply for a no-fault divorce, and need to be separated for at least one year before the divorce is granted. Here's what you need to know.
When Does the Separation Start?
Technically speaking, the separation 'legally' starts whenever you and your spouse no longer live together or no longer participate in the same activities as before. Both you and your spouse can be considered as separated even if you are both living under the same roof as long as both of you are able to provide an affidavit with details regarding the changes that were made to the relationship. This may include:
During the separation period, you and your spouse can live together for up to 90 days for the purpose of reconciliation. If both of you cannot reconcile the marriage, you can proceed with filing for a divorce as if neither of you had spent anytime together. If, however, you and your spouse live together for more than 90 days, the separation date will restart.
How Can You Prove That You Were Separated?
If you and your spouse were living under different roofs, it is much easier for a divorce attorney to verify that both you and your spouse are separated. However, if both of you have decided to live under the same roof due to financial or other reasons, then you may need to sign an affidavit with an authorized witness and/or draft up a separation agreement.
The affidavit must contain details regarding the separation. This will include when both of you have decided to separate and the appropriate actions that both of you have taken in order to change the relationship. You may need a family member or a friend to act as a witness if necessary.
In addition, most divorce attorneys will recommend that you and your spouse draft up a separation agreement that enforces the new terms and conditions that surround your relationship. The separation agreement may be used as a template later on and carried forward to the divorce agreement. In the separation agreement, you will need to outline information like:
Both you and your spouse will need to hire separate divorce attorneys, so that there isn't a conflict of interest. Your attorney is responsible for looking out for your best interests and for negotiating the terms and conditions of the separation agreement if any issues do arise.
You can file for divorce before the one-year period is up; however, the divorce courts will only grant you a divorce once you have been fully separated for the full length of time. Regardless, the fact that you can file for divorce even before the separation time is up will allow you plenty of time to settle all matters regarding the divorce.
A no-fault divorce is generally the easiest to handle and requires very minimal legal work. It is one of the least complicated and less expensive ways of getting a divorce and does not require any evidence of fault from either party. For more information, contact an experienced lawyer from a firm like Phelps Donald B Law Corp.Share