Separation and Divorce

In order to legally end your marriage you must get a divorce. The law accepts that there are grounds for divorce if there has been a breakdown of your marriage and you can prove that you and your spouse have lived separate and apart for at least one year. To be living "separate and apart" means that you have not lived together as a couple during that time period. You may still be found to be living separate and apart while living under the same roof so long as you are not living together as a couple.

The court may grant you a divorce prior to living separate and apart for one year if you are able to prove that your spouse committed adultery and you did not forgive the spouse for the adultery or if you lived together for more than 90 days after discovering their infidelity. You may also be granted a divorce prior to the one year requirement should you prove that your spouse was physically or mentally cruel to you.

The process of getting divorced can be very complicated. Issues such as property division, support and custody and access are best managed with the assistance of a lawyer. Further, a lawyer may be able to help you negotiate an agreement with your spouse to resolve the issues related to your divorce without having to bring the matter to court.