Public Display of Separation and Divorce
As a practitioner of law, I have over the last few years consciously involved myself in seeking out those who are in need of legal information to make decisions in their personal life. I found that in these few years there is a lot of legal information being sought on separation and divorce in the country.
Most couples in the throes of irreconcilable marital disharmony have sought to know the grounds on which divorce can be sought in Canada and therefore I have extensively discussed the various aspects of separation and divorce in blogs, online platforms and forums.
As I read yet another new snippet on middle Asian man of a particular community texting his wife that he is divorcing her, I think of how different things are here. Here we cannot dream of such a divorce happening. I discovered a few interesting facts about the exact divorce procedure here. The divorce laws have made it compulsory that a couple should compulsorily live apart until for a year to be granted a divorce. Thus, separation and divorce are the two consecutive steps to gain a divorce. Delving deep into the topic I came away with the following conclusions on the procedure to filing for a divorce in Canada.
The couple that is living through a separation has to publicly acknowledge this especially before their family and peers. As a matter of fact, it is even better if this separation and divorce is documented legally or both assent to a written statement stating the resolved or unresolved matters between the two spouses. The courts will accept such attested documents as part of the evidence in deciding upon a divorce application.
The most reliable method to obtain a divorce would be to agree to a separation and divorce period of one year and after which requesting the court to grant a divorce. This is also known as simple divorce and will not even require that the spouses attend the court. The court officials would do the whole procedure of granting a divorce subject only to the fact that there has been separation between the couple in all cases.