Separating and Getting Divorced: Difference between revisions
From Clicklaw Wikibooks
→Separation and the "Legal Separation"
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===Separation and the "Legal Separation"=== | ===Separation and the "Legal Separation"=== | ||
There is no such thing as a "legal separation" in British Columbia, nor is it possible to be "legally separated." Whether you're in | There is no such thing as a "legal separation" in British Columbia, nor is it possible to be "legally separated." Whether you're in an unmarried relationship or a formal marriage, you are separated the moment you decide that the relationship is over. That's it, there's no magic to it. When you or your partner announces that the relationship is over and there's no chance of getting back together, boom, you're separated. | ||
To be crystal clear: | To be crystal clear: | ||
#you do not need to "file for separation" to be separated (in fact, there's no such thing in British Columbia as "filing for separation", | #you do not need to "file for separation" to be separated (in fact, there's no such thing in British Columbia as "filing for separation", despite what you might see on the websites of the people who sell do-it-yourself legal kits); | ||
#there are no court or other papers you have to sign to be separated; and, | #there are no court or other papers you have to sign to be separated; and, | ||
#you don't need to appear before a judge, lawyer, shaman or anyone else to be separated. | #you don't need to appear before a judge, lawyer, shaman or anyone else to be separated. | ||
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To be separated, you just need to decide that your relationship is over and say so. | To be separated, you just need to decide that your relationship is over and say so. | ||
The fact that a couple are separated isn't enough to let | The fact that a married couple are separated isn't enough to let either of the spouses remarry, however. You must be formally divorced by an order of the court in order to remarry. If you do remarry without being divorced from the first marriage, the new marriage will be invalid. | ||
On the other hand, the fact that | On the other hand, the fact that a married couple has separated won't stop a spouse from having a new relationship, including a new relationship which would qualify as an unmarried spousal relationship. Technically, this is adultery, but no one except the Pope or your in-laws are likely to care. | ||
===Divorce and Getting Divorced=== | ===Divorce and Getting Divorced=== |