COMMON QUestions & answers about divorce Law

Do I Need a Divorce if I am Separated?

The cost of a divorce is a quite minor addition at the same time a separation agreement is negotiated. Even if you haven't been "separated" for the minimum 12 month period required by the Divorce Act for the granting of a divorce, you can still file the paperwork for the divorce to become final upon attaining that 12-month mark. 

Aside from permitting remarriage, divorce can also protect you from benefits like survivor benefits or life insurance unintentionally going to your ex-spouse. Divorce achieves legal certainty. Divorce as strange as it might sound is the simple part, it is the separation agreement that can be complicated. 

What if My Spouse Refuses to Agree to a Divorce?

The advent of "no fault" divorce rendered spousal consent irrelevant. But you will need to agree with your spouse on the key property and children dissolution features for the marriage, or have a court decide upon them, prior to a divorce being granted. 

Can I Get DivorceD Sooner than 12 Months from Separation?

Yes, if you allege fault like adultery or cruelty. However, the cost and hassle of alleging fault, together with the small amount of time you may save through the process, may make trying to shorten the process not worthwhile. However, if there's a good reason to rush a divorce, upon the right facts a lawyer may be able to expedite the process for you. 

Do I Need a Lawyer for My Divorce?

You need a lawyer more for your separation agreement than for your divorce. If you've already concluded all arrangements on property and children in a written separation agreement drafted by a lawyer, then you may be able to do a divorce yourself.

But having a lawyer help you is inexpensive if your former spouse is not contesting the divorce and there's already a separation agreement in place. Where everything is still at issue in a divorce, you should definitely have a lawyer help you.