How long does someone have to wait to get divorced after a separation?

Legal Moment on FRESH RADIO


[phone ringing]
Receptionist: Cohen Highley
Announcer: And now the Cohen Highley Legal Moment on Fresh Radio.
Announcer: I’m here with Ken Fraser from the Family Law Department at Cohen Highley Lawyers. How long does someone have to wait to get a divorce after a separation?
Ken Fraser: It’s going to depend on each situation. In the event of adultery or cruelty, it’s possible to have a divorce granted without a waiting period. However, it is rare to see a divorce based on adultery or cruelty as they are often procedural or evidentiary issues that complicate the process.
Announcer: And if it is neither of those?
Ken Fraser: If the desire to be divorced is due to irreconcilable differences, there is a mandatory one year separation period that must be completed before the courts will grant a divorce.
Announcer: Now are you required to live separately during that year?
Ken Fraser: Yes, but you can live in the same house and still satisfy the one year separation requirement. There are several criteria that must be met. It’s best to speak to a lawyer before assuming your circumstances meet those criteria.
Announcer: Thanks Ken. This has been the Cohen Highley Legal Moment.
Singers: Cohen Highley, we’re listening.

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