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: 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 there are often procedural or evidentiary issues that complicate the process.
ANNOUNCER: And if it is neither of those?
KEN: If the desire to be a divorce is due to irreconcilable differences, there’s a mandatory one year separation period that must be completed before the courts will grant a divorce.
ANNOUNCER: Are you required to live separately during that year?
KEN: 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.
