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Difference between revisions of "Separating and Getting Divorced"

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Separating and Getting Divorced (view source)

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{{JP Boyd on Family Law TOC|expanded = separation}}
{{JP Boyd on Family Law TOC|expanded = separation}}


A couple ''separates'' when one or both spouses decide that their relationship is over and then take steps to carry out that decision. A ''divorce'' is the legal dissolution of a valid marriage by an order of the court; an ''annulment'' is a declaration that a void or voidable marriage is invalid. Unmarried spouses do not need to get a divorce or an annulment to end their relationships.
A couple ''separates'' when one or both spouses decide that their relationship is over and then take steps to carry out that decision. When an unmarried couple separates, their relationship is over. The relationship of married spouses, on the other hand, isn't legally over until they are divorced or their marriage is annulled.  
 
This takes a quick look at separation and divorce, both of which are discussed in greater detail in the following pages, and looks at a few urban myths about separation and divorce. Everything in this chapter applies to same-sex couples just as it does to opposite-sex couples. The do-it-yourself divorce process is reviewed in a fair amount of detail in the last page of this chapter, __________ .
 
The rules about marriage, separation and divorce are fairly straightforward, despite some fairly common misunderstandings.
 
To be able to marry, the spouses must, among other things, be unmarried, sane and over a certain age. They must also be married by a person properly licenced to conduct marriages, either a civil marriage commissioner or an authorized religious official. The process for getting married in British Columbia is described in detail in the How do I ? section of this website, and the following chapter, Marriage & Divorce > Marriage, provides a lot more information about the law relating to marriage.
 
Separation simply means making the decision that the marriage has broken down. You don't have to move out to separate, you just have to tell your spouse that things have come to an end and that you'd like to end the relationship. The ins and outs of separation are discussed in the Marriage & Divorce > Separation chapter, and some of the things that a couple thinking of separating might want to keep in mind are listed in the How do I ? section. The emotional dimensions of ending a relationship are discussed in the chapter Marriage & Divorce > Separating Emotionally.
 
Divorce is the legal termination of a marriage. A divorce requires an order of the court ending the marriage; a couple that have been separated for a dozen years are still married, and they'll remain married until they get a court order for their divorce. The rules about divorce and the process required to get a divorce order are discussed in the chapter Marriage & Divorce > Divorce.


This page takes a quick look at separation and divorce, both of which are discussed in greater detail in the pages that follow, and looks at a few urban myths about separation and divorce. Everything in this chapter applies to same-sex couples just as it does to opposite-sex couples. The do-it-yourself divorce process is reviewed in a fair amount of detail in the last page of this chapter, __________ .


==Introduction==
==Introduction==
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===Separation===
===Separation===
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Separation is simple: the parties must simply start living "separate and apart" from one another, whether under the same roof or in separate homes. Contrary to popular opinion, you do not need to see a lawyer or file some sort of court document to obtain a separation. You just need to call it quits and tell the other spouse that it's over.
Separation is simple: the parties must simply start living "separate and apart" from one another, whether under the same roof or in separate homes. Contrary to popular opinion, you do not need to see a lawyer or file some sort of court document to obtain a separation. You just need to call it quits and tell the other spouse that it's over.
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#one or both of the spouses did not consent to the marriage;
#one or both of the spouses did not consent to the marriage;
#a male spouse is impotent or a female spouse is sterile going into the marriage;
#a male spouse is impotent or a female spouse is sterile going into the marriage;
#the marriage cannot be consumated;
#the marriage cannot be consummated;
#the marriage was a sham; or,
#the marriage was a sham; or,
#one or both of the spouses agreed to marry as a result of fraud or misrepresentation.
#one or both of the spouses agreed to marry as a result of fraud or misrepresentation.
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It is also not true that a lack of sex in your relationship automatically ends your marriage, allows the marriage to be declared void, or is otherwise a ground of divorce. Sex has very little to do with divorce, just as it often has little to do with marriage. A lack of sex may spell the end of a relationship and spur a couple's separation, but at law whether you and your spouse are having sex or not is irrelevant.
It is also not true that a lack of sex in your relationship automatically ends your marriage, allows the marriage to be declared void, or is otherwise a ground of divorce. Sex has very little to do with divorce, just as it often has little to do with marriage. A lack of sex may spell the end of a relationship and spur a couple's separation, but at law whether you and your spouse are having sex or not is irrelevant.


The one exception to this last rule has to do with the "consumation" of the marriage, and this exception doesn't mean what most people think it means. A marriage does not need to be consumated to be a valid, binding marriage. In order to escape a marriage on this ground, you or your partner must, I kid you not, have an "invincible repugnance" to the act of sexual intercourse or some physicial condition which makes sex impossible.
The one exception to this last rule has to do with the "consummation" of the marriage, and this exception doesn't mean what most people think it means. A marriage does not need to be consummated to be a valid, binding marriage. In order to escape a marriage on this ground, you or your partner must, I kid you not, have an "invincible repugnance" to the act of sexual intercourse or some physicial condition which makes sex impossible.


==Further Reading in this Chapter==
==Further Reading in this Chapter==
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