Separation vs. Divorce

What’s the difference between separation and divorce? Melanie Larock, a Family Law Partner at Thomson Rogers LLP, breaks down the essentials you need to know before starting the process.

Married spouses can separate at any point in time during their marriage. The date of separation is the date that there is no reasonable prospect of cohabitation. Effectively, that means there’s no possibility of reconciliation. Parties can be separated but not divorced. To obtain a divorce, you have to be separated for at least one year.

What is a divorce?

When married spouses have been most commonly living separate and apart for at least one year, a divorce can be granted. A divorce is granted when there has been a breakdown of the marriage, caused by one of three way.

1. The most common is they’ve been separated for more than one year.
2. Number two, there’s been adultery.
3. And number three, possibly there’s been cruelty.

Cruelty is defined as anything that will render the cohabitation intolerable. So, it can be of a physical nature. It could be of a verbal and abusive nature.

Do any other factors play a role?

A judge has an obligation before granting a divorce to satisfy him or herself that there’s no prospect of reconciliation and that reasonable support arrangements have been made for the children of the marriage.

If you’re considering a separation or a divorce, please feel free to contact me for a consultation at Thomson Rogers LLP.

Melanie Larock is a Family Law Litigator and a Partner in Thomson Rogers LLP’ Family Law group. Melanie’s focus is on all areas of family law, with a particular emphasis on complex financial issues and high-conflict parenting disputes. Melanie was trained by an illustrious litigator, and she is a self-proclaimed evidence law nerd. She can be reached at 416-868-3231 or by email.