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Difference between revisions of "Divorce Act Basics"
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→When can the court make the divorce order?
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If the claim for the divorce is based on separation, neither spouse can apply for the divorce order until one year has passed from the date of separation. The one-year period doesn't run from the date the court proceeding is started; it runs from the date of separation. | If the claim for the divorce is based on separation, neither spouse can apply for the divorce order until one year has passed from the date of separation. The one-year period doesn't run from the date the court proceeding is started; it runs from the date of separation. | ||
The nice thing about divorce claims based on adultery or cruelty is that the application for the divorce order can be made right away, without having to wait for one year. However, the adultery or cruelty must be proven, and if more than a year has passed by the time the court is asked to make the divorce order, the court may very well refuse to make the divorce order for | The nice thing about divorce claims based on adultery or cruelty is that the application for the divorce order can be made right away, without having to wait for one year. However, the adultery or cruelty must be proven, and most of the time it is difficult to get the other person to explicitly agree that these grounds exist. Also, if more than a year has passed by the time the court is asked to make the divorce order, the court may very well refuse to make the divorce order for any reason other than the basis that the spouses have been separated for over a year. Lawyers seldom advise that their clients make claims for divorce based on adultery and cruelty, especially because claims based on a one-year separation is much less contentious and more straight forward. | ||
The process for getting a divorce order is described in detail in the [[Divorce]] section of the chapter [[Separation & Divorce]]. | The process for getting a divorce order is described in detail in the [[Divorce]] section of the chapter [[Separation & Divorce]]. | ||
