Sunday, May 15, 2005

Can I get divorced faster if my spouse assaulted me

Q: Can I file a divorce without having one year separation if my spouse is
being charge with assault.

A: Yes, presuming the assault was against you. You could use the grounds of
physical cruelty as the grounds for divorce and would not have to wait a
year. However, often divorces using this ground are contested by the other
spouse and require a trial. This often drags it out past 1 year making it
actually longer to get a divorce this way then by simply waiting for the
year to expire.

As an alternative, you can file for divorce now. The court will then wait
for the 1 year separation to expire before processing your final documents,
but it will take less time because you have done some of the work before the
year expired.

We hope this is helpful and look forward to assisting you if you decide to
use our service.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca