Some questions about timing..

[XeraRose]

Hi all,

I am beginning this process of divorce. I have a couple of questions about the time. I know in Ontario, that generally, one has to wait 1 year of separation before the divorce is final. Is that 1 year from filing, or 1 total year of separation? And in cases of grounds (adultery or cruelty), where the wait period is 90 days, again, is that from the time of filing or in general?

I guess my question is this: My ex-husband and I have been separated almost 6 months already, with no attempts at reconciliation. We are separated due to abuse, and I recently found out about his infidelity before and during our marriage as well. So if I file now, on grounds of adultery or cruelty (both apply), could I get it finalized quickly, assuming he doesn't contest, or do I still have to wait the 90 days to a year?

And with regards to the separation settlements: we have a signed separation agreement that we wrote together, that is witnessed, but we did it on our own, without lawyers. How much weight does that have in court, especially regarding custody/access and support of our children (3 girls)?

[Mess]

It is from your date of separation, which can be muddy. Basicly if you two declared to each other that you were ending the marriage and agree on the date that is fine. If he contests the date, then you have to have something to back you up, like the act of closing a joint account.

If you have already filed anything refering to the separation date, then it is firmed up. Equalization of property will be according to separation date so you need to be clear about it no matter what.

You can file for divorce before the time period, it just won't be finalized until the year (or 90 days) is up. It also takes time to work through the system, at least a couple of months for me, so if you file now, it will be finalized when the year is up. If you try to expidite it due to cruetly or adultery, then you would file now and wait several months for it to be completed. So at this point the difference will be weeks, not months.

Claiming adultery or cruelty will also be complicated unless your ex is willing to agree to the statement of facts. If it were me, I would just start the process now and get the simpler joint divorce on the 1 year anniversary.

[XeraRose]

We haven't filed anything with the courts with a date of separation, but I do have a police report stating that he was removed from the home on February 3, as well as a copy of his sentence, that has in it his contact restrictions. Would that satisfy as a proof of the date of separation? As well as proof of cruelty? I'm sure I could get a letter from Family and Children's services stating their concerns about his safety in the home.

I'm pretty sure he's not going to contest any claims. He seems pretty indifferent to the whole thing.

So the 90 days thing would be from the established date of separation. And if I can establish that the date was February 3, the 90 days is up already. So the divorce would be finalized as soon as we get it through the system? How long minimum does that take?

[NBDad]

You have to be living separate and apart for 1 year before you can be divorced...you can file for it anytime after 90 days from the day you split, as uou aren't considered separated from a legal standpoint until at least 90 days have passed.

File form RC65 with CRA (change of marital status) after the 90 days is up to firm up the official separation date.