In Canada, a couple may be eligible for an automatic divorce after living separate and apart for a certain period of time. This means that the couple does not need to go to court to get a divorce and can instead complete the divorce process through a simplified procedure.
To be eligible for an automatic divorce in Canada, a couple must meet certain criteria, including:
- The couple must have been married for at least one year.
- The couple must have been living separate and apart for at least one year, with no intention of reconciling.
- The couple must not have any children under the age of 18, or they must have made arrangements for the care of their children.
- The couple must not have any significant assets or debts.
If a couple meets these criteria, they can apply for an automatic divorce through the simplified divorce process. To apply for an automatic divorce, the couple will need to complete a divorce application form and file it with the court. They will also need to pay a filing fee.
After the divorce application has been filed, the couple will need to wait for their divorce to be granted. In most cases, the waiting period for an automatic divorce is about four to six months. Once the divorce has been granted, the couple will need to finalize their divorce by signing and filing a divorce order. This is a legal document that confirms that the divorce is final and that the couple is no longer married.
It is important to note that an automatic divorce does not resolve issues related to child custody, child support, spousal support, or the division of property. If a couple has children or has significant assets or debts, they may need to go through the regular divorce process, which is more complex and involves negotiating and resolving these issues.
In conclusion, an automatic divorce is a simplified process that allows a couple to get a divorce without going to court, provided that they meet certain eligibility criteria. If a couple has children or has significant assets or debts, they may need to go through the regular divorce process. Regardless of which process is used, it is important for couples to seek legal advice to ensure that their rights are protected and that the divorce process goes as smoothly as possible.