How long does someone have to wait to get divorced after a separation?
March 12, 2020
Ken Fraser
Legal Moment
Legal Moment on FRESH RADIO
Transcript
| [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. |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. cohenhighley.com |
