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Answered in 18 minutes by:
10/6/2009
VerifiedNo you cannot apply for the divorce on the basis of adultery. She could.
You can apply for the divorce on the basis of a one year separation. You can apply now but it cannot be granted until the one year is up.
I don't know what your set up is now but you should know that it's possible and not uncommon to live separate and apart in the same house.
As well, she's not going to have decision making powers with respect to the house. She and you will need to come to an agreement on how the assets will be divided up or else you can apply to the Court for an Order.
It sounds like it's a good idea for you to consult with a family lawyer.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
I hope that helps as a starting point.
Please click accept so that I can receive credit for providing you with this information.
You can apply for the divorce on the basis of a one year separation. You can apply now but it cannot be granted until the one year is up.
I don't know what your set up is now but you should know that it's possible and not uncommon to live separate and apart in the same house.
As well, she's not going to have decision making powers with respect to the house. She and you will need to come to an agreement on how the assets will be divided up or else you can apply to the Court for an Order.
It sounds like it's a good idea for you to consult with a family lawyer.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
I hope that helps as a starting point.
Please click accept so that I can receive credit for providing you with this information.
VerifiedDebra and 87 other Canada Law Specialists are ready to help you
The one year separation only relates to getting an actual divorce. Issues such as those relating to division of assets and support (if that's an issue) should be considered now.
If you can come to an agreement about the furniture that's OK. If not you will need to address this when the other issues are addressed.
You can discuss this issue with your lawyer as well when you go for your consultation.
If you can come to an agreement about the furniture that's OK. If not you will need to address this when the other issues are addressed.
You can discuss this issue with your lawyer as well when you go for your consultation.
VerifiedDebra and 87 other Canada Law Specialists are ready to help you
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