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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 10-24-2008, 12:15 PM
leopard1960 leopard1960 is offline
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Default Joint or Collaborative Divorce

Hi,
does this type of divorce also require 12 months of separation?
if the couple live in the same premises but in different rooms, does this represent a separation?
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Old 10-24-2008, 01:52 PM
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I personally know of two cases where this is the case.
Neither can afford to move out onto their own, so they stayed in the home but prepared a separation agreement just the same, and it is indeed allowable to live in the same home and be deemed separated or even divorced.

It is not necessary to wait 12 months to file for a divorce, generally the 12 month rule is for when one party refuses to sign or consent to the divorce itself. And after a year it is clear that there is little to no possibility of reconciliation.
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