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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-06-2006, 03:38 PM
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Default Just another case

Hi there.
Just 3 questions if I may.

1. Is it possible to continue co-residing with my wife while separated, any other arrangement would cause financial strain, and how to prove separation under these circumstances after a year, when applying for divorce?

2. What kind of information must one provide to prove infidelity, would admission of the other party suffice?

3. I understand we can draft our own separation agreement and all we need is to have it co-signed by a notary, is that all?

Appreciate some advice on this delicate matter.

Andrew
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Old 02-06-2006, 08:17 PM
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My understanding from 'listening' to the experts on this Forum is that it's irrelevant whether or not infidelity is an issue, you're both entitled to your share. I believe it would be classified as 'no-fault' divorce.
I also think that as long as you both agree on the separation date, there shouldn't be an issue; it's when there is a differencew of opinion that problems can occur. Also if you're trying to divorce before the one year separation, on of the expert said a few days ago that it may be more beneficial to wait out the one year because the other way(before one year) can lead to added expenses and more than the one year waiting procedure. It depends on how trusting and honest you are with each other---funny how people klike to play games when separation occurs--if you don't believe me, wrap your mind around some of the posts on this amazing forum.
I hope I helped but b/f doing anything legal ask logicalvelocity, Lindsay and Jeff--these people can give you a more educated answer.(sorry if I missed anyone); they'll have more insight than me.
Best of luck and keep checking with this forum for support.
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Old 02-06-2006, 11:16 PM
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Your right on GKTT.

Andrew read these links, should help in more detail:

http://www.ottawadivorce.com/separat...nt_ontario.htm
http://www.ottawadivorce.com/valuation-date.htm
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Old 02-06-2006, 11:29 PM
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Quote:
Originally Posted by andrew
Hi there.
Welcome to the forums andrew!

Quote:
Originally Posted by andrew
Just 3 questions if I may.

1. Is it possible to continue co-residing with my wife while separated, any other arrangement would cause financial strain, and how to prove separation under these circumstances after a year, when applying for divorce?
Yes, it's possible and in fact quite common. Often a couple will stay in the same home for several months after separation due to financial reasons. As well, if the couple is disputing custody of or access to the children, then they normally end up in the same home until this issue is resolved - which can take a while.

I've got an article here about when the date of separation is:
http://www.ottawadivorce.com/valuation-date.htm

As for proving it, the person applying for a divorce will need to swear under oath (normally in the form of an affidavit) that you were separated during this time period. To make it a believable, you'll probably need to provide the court with additional details of what occurred.

Quote:
Originally Posted by andrew
2. What kind of information must one provide to prove infidelity, would admission of the other party suffice?
It's unusual to request a divorce on grounds of adultery, even if infidelity occurs. This is because if you go the one year of separation route, obtaining the divorce is just a matter of paperwork and no court attendance is required. If you go the route of adultery, you'll need to have a trial of the issue. Even if that doesn't bother you, I think in most courts it would take a year to get to a trial, so there's not even a time savings. Even if that doesn't bother you, you could always lose at trial and not be granted the divorce.

That being said, if a person admits under oath that they have committed adultery, that should be sufficient proof. But note: (1) the person requesting the divorce can't be the one who committed adultery; and (2) there must be no condonation of the adultery - basically if there is any reconciliation of more than 90 days after the other spouse became aware of the infidelity, you can't proceed on grounds of adultery.

Quote:
Originally Posted by andrew
3. I understand we can draft our own separation agreement and all we need is to have it co-signed by a notary, is that all?

Appreciate some advice on this delicate matter.

Andrew
You don't need to get a notary involved, you just need adult witnesses.

You can find out more about separation agreements here:
http://www.ottawadivorce.com/separat...nt_ontario.htm
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