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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 11-25-2005, 11:23 AM
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Question One last question

I'm sorry if this question has already been answered, but I can't find a direct answer...to get a divorce in ontario, the couple must be separated for 1 year...(this i know...), does it have to be a legal separation? and if not, how would the courts know that they have in fact been separated for a year?

thanks again
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Old 11-25-2005, 06:42 PM
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Usually most couples agree to the date, that they separated. This link might help you:

http://www.ottawadivorce.com/valuation-date.htm
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Old 11-29-2005, 10:39 AM
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Giddy,

There is really no such thing as a "legal separation" in Ontario. You are not required to enter into a separation agreement nor are you required to submit to the court any kind of proof that you have been separated for not less than one year.

Assuming that the valuation date is not contested, all the court requires is a sworn affidavit from you, called an affidavit for divorce, in which you swear that you have been separated for at least one year without any reconciliations thereafter lasting longer than 90 days.

If the valuation date is contested, this will eventually have to be agreed upon before you may obtain your divorce.

I hope this helps!

Lindsay

Last edited by Lindsay; 11-29-2005 at 10:41 AM.
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