When can I ask for a divorce?

Under the law you can ask for a divorce only after one of the following three circumstances has occurred;  

• the other spouse has committed adultery, or 
• the other spouse has committed cruelty, or 
• you have been separated for at least a year.  

As soon as one of these circumstances has occurred, you can commence a Petition for Divorce.  If separation is used as the ground to obtain a divorce, the spouses need to have been separated for at least one year before a Judge will grant a Divorce Judgment.

What is an uncontested divorce?

When the spouses have signed a Separation Agreement that resolved all issues such as custody, access, support and property division, and they now both want to be divorced,one of the spouses can commence a Petition for Divorce. That petition only covers the request for a divorce.  

To start the divorce procedure, one spouse has the divorce petition served on the other spouse.  If the other spouse agrees to a divorce, he or she may choose to not contest the Petition for Divorce.  That is why it is called an Uncontested Divorce. And if your spouse challenges the divorce request, it becomes a contested divorce.

How long does it take to get a divorce ?

An Uncontested Divorce usually takes between 8 to 16 weeks. The contested divorce procedure usually takes much longer.  There are many factors that affect the length of time it takes to get divorced.  Unless the reason for the divorce is adultery or cruelty, the spouses must have lived ‘separate and apart’ for at least one year.   

The divorce system can get quite confusing the first time. When you are ready to start the divorce process, consider SplitEasy.

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