Tuesday, February 17, 2009

Staying together in tough times

By Hugh MacKenzie

According to a story in the Toronto Star divorce lawyers say business was down in January as more couples decide to stay together for economic reasons. Business may be down, however, that doesn't mean couples are staying together necessarily - it may only mean that couples have separated but are delaying their actual divorce due to the cost.

Without so much of the social stigma that used to accompany marital status there are fewer reasons for people to legally end their marriage. They can date even though still married because so many people now will accept the fact that a separated person is not "really" married.

It is true that you can get divorced, yet continue to reside together for economic reasons. Being separated while still living with your spouse sounds weird but that's the law. What counts is not so much whether you live under the same roof as whether your actual marriage relationship has ended. Do you still go places together, share bank accounts, do errands for one another, sleep together? These are the things that matter when determining whether you are separated or not.

So it is possible for spouses to end their marriage and still live together to save money until they have the couple of hundred dollars to buy the divorce papers and end their marriage legally.

A common related question is how does the court know if you have been truly separated for a year if you don't even have to show different residences. The answer is basically that the court will take your word for it as long as your spouse does not object. - 15784

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