Divorce can be a challenging time, especially for couples who have no idea about it. To make the process smooth and easy, sufficient knowledge should be acquired by both parties. This will also help them during the decision-making process.
Before filing a divorce, here are some things you need to know and consider.
Things You Need To Know Before Filing A Divorce
Is The Separation Date Important?
The formal separation date is significant for married couples, even though obtaining a separation decree in Ontario is a fluid one that often takes place over several months. This date is the starting point for the appraisal of all property equitably distributed between the partners.
How Many Years Do You Have To Be Separated To Be Legally Divorced In Canada?
Most individuals are under the impression that if they live apart from their spouse, they are legally considered to be divorced. Contrary to this, the situation is quite different in Canada.
To file for divorce in Canada, a couple must first meet the requirements of being legally separated for at least one year. When a couple separates, it indicates that they no longer live under one roof as a married couple and instead maintain separate residences. Once you are separated, you can apply for a divorce by filing for divorce with the court.
Additionally, the parties must have been living apart for twelve months to file for divorce. Although it can appear to be an unnecessary obstacle, there are many compelling reasons for this legal requirement.
It gives couples time to cool off and ensure they are particular about their decision to divorce. It also gives them time to work out any financial or custody arrangements before making things official.
It is possible that couples who have been married for a very long period would find it challenging to readjust to living on their own. The year-long separation period gives them time to get used to living independently and make any necessary changes to their lifestyle.
What Should Be Considered When Planning For Divorce?
This is another question often inquired by couples after knowing the answer to “How many years do you have to be separated to be legally divorced In Canada?”
The issues arising from the separation require immediate attention from everyone involved. These problems typically involve the distribution of property and goods and how decisions will be made about the children if any.
Types Of Divorce
Different types of divorce are also asked by couples after knowing the answer to “How many years do you have to be separated to be legally divorced In Canada?”
Divorce in Canada has two types: contested and uncontested.
Contested divorces – This type of divorce takes longer than uncontested divorces because they involve more paperwork and usually require more court appearances.
Uncontested divorce – This type of divorce is when a couple can agree on all elements of their divorce, including child custody and support, the division of property, and spousal support.
Perks Of Legal Divorce
Asset Protection
When you divorce through the court system, your purchases will be divided according to provincial law. This means you will have certainty about what you will walk away with after the divorce is finalized. Without a legal divorce, there is always the potential that your ex-spouse could claim your assets at a later date.
Child Custody Arrangements
If you have children, another benefit of a legal divorce is that it allows you to make child custody arrangements that are legally binding.
This is important because it ensures that both parents have a defined role in the child’s life and that these arrangements cannot be changed without going back to court. Without a formal divorce, there is a greater chance that child custody arrangements may be disputed at a later date.
Closure For You And Your Family
Finally, getting a legal divorce can provide closure for you and your family. Going through the court system allows you and your ex-spouse to end your marriage in a way recognized by the state. This might assist you in moving on with the rest of your life and getting a fresh start.
You Will Have Peace Of Mind
A legal divorce also gives you the peace of mind of knowing that your marriage is officially over. This can be important for moving on with your life and starting anew. Finally, a legal divorce can help protect your assets and your future financial stability.
Getting a legal divorce may seem unnecessary, but it is worth it in the long run. The peace of mind and protection it offers are well worth the cost. You will no longer think about “How many years do you have to be separated to be legally divorced In Canada?” or any other related question!
If you are considering divorcing your spouse, consult with a lawyer first. They will be able to advise you on the best course of action for your particular situation and ensure that you are taking care of yourself and your family both legally and financially.
Chapman McAlpine will walk you through the process of getting a divorce and ensure that everything is taken care of appropriately. Got more questions other than how many years do you have to be separated to be legally divorced In Canada? Let us know so we can help!
Let us help you overcome this challenging moment in your life.
