Divorce / Separation
Divorce and Separation are two distinct concepts.
Separation occurs when the relationship has broken down to the point where there is no chance of reconciliation. Quite often, parties are still living in the same house after separation. Because of this, it can sometimes be difficult to pinpoint the exact day that the parties separated. We will discuss with you some of the factors that can indicate that separation has occurred.
The date of separation can be very important, as this will have a direct impact on the equalization payment. Please see the Property page for more information on equalization payments.
Parties can start negotiating and resolving the issues of custody, access, support, and equalization of property, immediately after separation. You do not need to wait until an order for divorce is obtained.
Divorce is a legal concept, and an order for divorce must be obtained through the courts. Usually, parties must wait one year after separation before divorce will be effective. Of course, there are some situations where a divorce can be effective within that one year period.
To schedule a confidential and free 1/2 hour consultation in Burlington, please call our office at (905) 336-6919.