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"I've been married for 10 years and I am fed up with the relationship. I would like to know how I go about getting a legal separation."
Generally, all you need to be separated is the ability to leave. The separated date is the day either of you leaves the matrimonial home with the intention must be a "settled" one, which means you have to be determined to completely end it. If you reconcile for more than 90 days in any 12 month period, you may be considered back together again which means you would start from the scratch if you separated in the future.
But, often people are straining just to get by in one house let alone trying to support two. So sometimes people have been considered separated even while still living together. The important aspect of separation is to live as though you were staying in completely separate homes without any intention of getting back together. Some important points are that each of you should do your own laundry, cooking and cleaning. Having separate bedrooms or sleeping arrangements is also quite important. No sexual relations with each other is a given. Under these circumstances you may be considered separated but you should check with your lawyer before trying to make this argument.
Most people talk about a legal separation in terms of dealing with support, custody, access and property division. You don't need either an order or agreement to be legally separated but you do to deal with those issues. These are best left for another day.
The foregoing offers legal information of general concern and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.
| Segal - Talarico - Habib - Molot: Barristers Solicitors 2650 Queensview Drive, Suite 200, Ottawa, ON, K2B 8H6 Tel: (613) 820-8888 Fax: (613) 820-8818 http://www.legal-team.com/ |
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