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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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| link = [http://www.familylaw.lss.bc.ca/legal_issues/divorceBasics.php Divorce and Separation basics] | | link = [http://www.familylaw.lss.bc.ca/legal_issues/divorceBasics.php Divorce and Separation basics] | ||
}}A couple ''separates'' when one or both spouses decide that their relationship is over and then take steps to <span class="noglossary">act</span> on that <span class="noglossary">decision</span>. 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. | }}A couple ''separates'' when one or both spouses decide that their relationship is over and then take steps to <span class="noglossary">act</span> on that <span class="noglossary">decision</span>. 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, one of them dies, or their marriage is annulled. | ||
This chapter begins by taking a quick look at separation and divorce, and talks about a few urban myths about separation and divorce. The following sections look in more detail at the [[Separation|legal and practical aspects of separation]] and the [[Separating Emotionally|emotional dimensions of separation]]. The do-it-yourself divorce process is reviewed in a fair amount of detail in the [[Divorce]] section at the end of this chapter. | This chapter begins by taking a quick look at separation and divorce, and talks about a few urban myths about separation and divorce. The following sections look in more detail at the [[Separation|legal and practical aspects of separation]] and the [[Separating Emotionally|emotional dimensions of separation]]. The do-it-yourself divorce process is reviewed in a fair amount of detail in the [[Divorce]] section at the end of this chapter. | ||
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For unmarried couples, including unmarried couples who qualify as spouses under the ''[[Family Law Act]]'', separation is all that's required to end the relationship. | For unmarried couples, including unmarried couples who qualify as spouses under the ''[[Family Law Act]]'', separation is all that's required to end the relationship. | ||
The date a couple separates is very, '''very''' important, because the date of separation is a very important element in determining child support, spousal support, and the division of property and debt. | |||
===Annulment=== | ===Annulment=== | ||
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===Divorce=== | ===Divorce=== | ||
Divorce is the legal | Divorce is the legal end of a valid marriage. To obtain a divorce, one spouse must sue the other in the [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court], and in general at least one of the spouses must have been "ordinarily resident" in British Columbia for the preceding year. To qualify for a divorce order, a spouse must prove that the marital relationship has broken down for one of three reasons: | ||
#separation for a period of not less than one year, | #separation for a period of not less than one year, | ||
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{{REVIEWED | reviewer = [[Vanessa Van Sickle]] and [[Thomas Wallwork]], | {{REVIEWED | reviewer = [[Vanessa Van Sickle]] and [[Thomas Wallwork]], October 9, 2016}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
