Only divorce ends the marriage definitively. The separation of the couple for at least one year, infidelity or spousal violence are valid grounds for divorce.
If an agreement is possible on all aspects of your separation, you will be able to submit a joint application for divorce on draft agreement. If the agreement is not possible, you will need the services of a lawyer. (Speak with a lawyer now)
Divorce is the dissolution of marriage pronounced by a judgment of the Superior Court of Quebec. Divorce is granted during the marriage breakdown, which is recognized only in the following cases:
- separation of fact for 1 year;
- physical or mental cruelty.
It is not necessary to obtain a separation from bed and board (legal separation) before asking for a divorce.
Divorce frees spouses from the obligation to live together. It also involves the division of the family patrimony and the liquidation of the matrimonial regime.
Divorce cancels the donations that a person has made to his spouse after his death in his marriage contract. A new will must then be written.
A divorce certificate is issued to ex-spouses after the divorce takes effect. They may also request a certified copy, if necessary.
De facto separation
De facto separation may be invoked if the spouses have been living separately for at least 1 year.
The divorce can be requested by both spouses or by one, because the agreement of the other spouse is not necessary.
For this reason, the spouses do not have to prove the fault of the other in the failure of the marriage.
Adultery and physical or mental cruelty
For these reasons, only the spouse who invokes it can ask for a divorce. He must prove the fault of the other in the failure of the marriage.
Joint petition for divorce on draft agreement
Spouses can divorce amicably and make a single application jointly. (Start now)
They can record their decisions regarding all the consequences of their divorce (child custody, property value sharing, etc.) in a joint petition for divorce on a draft agreement, which can eventually be transformed into a divorce judgment.
They can use the services of a lawyer to draft their agreement. If they can not agree, they will have to go through divorce proceedings with a lawyer. (Speak with a lawyer now)
Divorce proceedings always go in camera; thus, the public is not admitted during the hearings and the identity of the persons involved is not disclosed.