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Difference between revisions of "Requirements for Divorce and Annulment"

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Requirements for Divorce and Annulment (view source)

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===The grounds for getting a divorce===
===The grounds for getting a divorce===


The ''Divorce Act'' applies to all divorces in Canada, whether you were married in Canada or elsewhere. Under the ''Divorce Act'', to get a divorce, you must prove your marriage has broken down. You can show '''marriage breakdown''' in one of three ways:
The ''Divorce Act'' applies to all divorces in Canada, whether you were married in Canada or not. Under the ''Divorce Act'', to get a divorce you must prove your marriage has broken down. You can show '''marriage breakdown''' in one of three ways:
*the spouses are separated and have '''lived separate and apart for at least one year'''
*one spouse has committed '''adultery''' which the other spouse did not approve of or accept
*one spouse has been mentally or physically abusive to the other spouse, called “'''cruelty'''” in the ''Divorce Act'', which has made living together intolerable


Most people ask for a divorce order based on having lived separate and apart for at least one year. To claim a divorce based on adultery or cruelty, you must be able to prove the adultery or cruelty occurred. That can be difficult if the other spouse does not agree.
* the spouses are separated and have '''lived separate and apart for at least one year'''
* one spouse has committed '''adultery''' that the other spouse did not approve of or forgive
* one spouse has been mentally or physically abusive (or both) to the other spouse — called '''cruelty''' in the ''Divorce Act'' — which has made living together intolerable


===Living separate and apart===
===Living separate and apart===
Elena Renderos
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