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Divorce & Separation

Divorce

A married pair must engage in the legal procedure of divorce to dissolve their union. Only married couples are eligible for divorce, and a judge alone can issue one. Once the procedure is complete, a court will grant you a divorce certificate as proof that your marriage has ended.

 

To obtain a divorce, you must demonstrate that one of the following three things has happened in your marriage:

  • you and your spouse have separated and have lived apart for at least one year; or

  • your spouse has been physically or mentally cruel to you, making it intolerable to continue living together; or

  • your spouse has committed adultery.

Separation

When partners make the decision to live apart because their relationship has ended, this is referred to as a "separation." The pair could be in a marital relationship or they could be living as common-law partners while not being married.

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