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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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  #1  
Old 10-13-2018, 10:19 AM
menchia menchia is offline
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Default Rules for separation longer than the required one year

The rule says:

1)If you are using separation as grounds for your divorce, then you must be separated from your spouse for a minimum of one full year.

2)If during this one year separation period you and your spouse get back together, this reconciliation will not affect your one year separation period unless you are back together for a period, or multiple periods, equaling more than 90 days.

3)If you do reconcile for a period of or exceeding 90 days and then separate again, you will be required to begin a new full one year separation period before a divorce can be granted.

Those are the rules, which are clear enough for the one year separation period. Now, the question arises as to how to apply these rules for separation longer than one year, say 10 years. More specifically, how to apply the 90 days reconciliation period, is it for the whole 10 year separation period, for example, or is it applied separately to each year of separation?

In other words, if you attempt reconciliation once per year for the 10 year separation period, but not exceeding 90 days per year, are you still considered separated, or does the 90 days rule also apply to the whole 10 year separation period?

Any comments and or feedback on this is appreciated. Thank you.
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Old 10-13-2018, 10:25 AM
Codename Codename is offline
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Let me understand what you are trying to say. You are separated and each year you try to reconcile for 90 days, and you have been doing this for 10 years. My answer to this is that each time you reconcile for 90 days during the year and then separate you begin your year all over again. Check also with CCRA they have a 90 day rule to be able to claim single.
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Old 10-13-2018, 10:52 AM
standing on the sidelines standing on the sidelines is offline
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its sounding more and more like you and your spouse never really were separated. More like a relationship where you would fight and make up again a few months later. Maybe both of you were really good at holding grudges.
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Old 10-13-2018, 02:43 PM
menchia menchia is offline
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Quote:
Originally Posted by standing on the sidelines View Post
its sounding more and more like you and your spouse never really were separated. More like a relationship where you would fight and make up again a few months later. Maybe both of you were really good at holding grudges.
No Standing on the sidelines, this is not my situation. I did not say in my post this is my case.

In the period of time I and my wife been separated (about 9 years) we never attempted reconciliation for more than a week or two and this was done twice or three times early on at the start of the separation. Our situation is very clear, we are separated and we satisfy all the rules of separation.

My question is to help someone else I know. Therefore, if you have any suggestion or legal insight into this situation, please let us hear it. Please do not assume. This is a separate thread from the one I started earlier. Thanks
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Old 10-13-2018, 02:56 PM
menchia menchia is offline
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Quote:
Originally Posted by Codename View Post
Let me understand what you are trying to say. You are separated and each year you try to reconcile for 90 days, and you have been doing this for 10 years. My answer to this is that each time you reconcile for 90 days during the year and then separate you begin your year all over again. Check also with CCRA they have a 90 day rule to be able to claim single.
The question is that the reconciliation time for every year is less than the 90 days time constraint. Therefore, for that year the separation period is not affected, and the separation continues. Perhaps I can be more specific by giving an example.

Let's assume that in every year there is a reconciliation attempt that only lasted three weeks, because things didn't work out. Thus over a 10 year period of separation the total time spent on reconciliation is (3 weeks x10=30 weeks=210 days). In this case, does separation is still on or is it required to re-start a new period of separation for another year? Thanks.
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Old 10-15-2018, 08:13 AM
good_mom good_mom is offline
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No, 90 days consecutive then no reconciliation.

Push simple button now!
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