Difference between revisions of "Divorce (3:IV)"
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Under the ''DA'', neither party needs to prove “fault” to get a divorce. Most divorces will proceed under s 8(2)(a), separation for a period of at least one year. '''Although the pleadings starting the action can be filed immediately upon separation, the Divorce Order cannot be sought until one day after the parties have been separated for one year.''' | Under the ''DA'', neither party needs to prove “fault” to get a divorce. Most divorces will proceed under s 8(2)(a), separation for a period of at least one year. '''Although the pleadings starting the action can be filed immediately upon separation, the Divorce Order cannot be sought until one day after the parties have been separated for one year.''' | ||
The ground of separation requires recognition by '''one''' of the parties that the marriage is at an end. It is not necessary that the parties form a joint intention. It is also not necessary that the two parties live | The ground of separation requires recognition by '''one''' of the parties that the marriage is at an end. It is not necessary that the parties form a joint intention. It is also not necessary that the two parties live in separate homes, although they must live “separate and apart” and demonstrate their intention to separate. For example the parties may, move into separate bedrooms in the same home. | ||
=== 2. 90-Day Reconciliation Period === | === 2. 90-Day Reconciliation Period === | ||