Difference between revisions of "Requirements for Divorce and Annulment"

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* 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
* 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===
===Basing divorce on living separate and apart===
Separation usually means living in separate places. However, some couples can be separated yet still live in the same home, as long as the marriage-like quality and intimacy of their relationship has ended. For example, they no longer sleep together, do chores for each other, eat meals together, or go to family events as a couple.
Separation usually means living apart. But some couples can be living in the same home and still be separated, as long as the “marriage-like” quality and intimacy of their relationship has ended. For example, even though they live in the same home, they no longer:
 
* sleep together
* do chores for each other
* eat meals together
* share finances
* go to family events as a couple


====When separation starts====
====When separation starts====
Separation starts when one spouse tells the other they want to separate. The decision to separate can be made by one or both spouses. It is not necessary for both spouses to agree to the separation.
Separation starts when one spouse tells the other they no longer want to be in the relationship. The decision to separate can be made by one or both spouses. It’s not necessary for both spouses to agree to the separation. Nor do they have to sign any documents or go to court to be separated.


====If you reconcile for a short time====
====If you reconcile for a short time====
Spouses that are separated can get back together and live together again to try and make the marriage work. Within the one-year separation period, they can get back together in a marriage-like relationship for up to 90 days without restarting the clock on the date of separation. If they live together for more than 90 days, the one-year period of separation starts over if they later break up again. For more details, see our information on [[Separation and Separation Agreements (No. 115)|separation and separation agreements (no. 115)]].
Spouses who are separated can live together again to try and make the marriage work. Within the one-year separation period, they can get back together in a marriage-like relationship for '''up to 90 days''' without restarting the clock on the separation date. If they live together for '''more than 90 days''', the one-year separation period '''starts over''' if they break up again later. For more details, [[Separation and Separation Agreements|see our information on separation and separation agreements]].


===Starting divorce proceedings===
===Starting divorce proceedings===
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