Divorce is not the only option for two married people who want to end their relationship. Another separation is possible.
Separation without ending the marriage
Only a death or a divorce decree ended the marriage. However, it is possible for two people to remain married without living together. This is called legal separation. You can apply for legal separation if you no longer want to live together but do not want to dissolve your marriage through divorce.
You will then receive a verdict declaring that you are officially separating but remain married. The judgment regulates the consequences of your separation. For example, questions about custody, child support and the division of your assets.
Divorce is always an option
Divorce is possible without legal separation. You can apply for divorce directly if you have been the victim of physical or psychological cruelty or if your partner has committed adultery. If none of these situations exist, you must have lived apart for a year, or at least intended to be separated for a year.
You cannot remarry another person without a divorce decree. Also, your ex could inherit your property if you die intestate.
Waiting for your permanent residence?
If you are awaiting permanent residency, your separation could end the process. Whether you are married or a de facto spouse, get information from an attorney to find out the specifics that apply to your situation.
Informative Text – This text does not constitute legal advice; it is recommended to consult a lawyer or notary for such advice. Éducaloi is a non-profit organization whose mission is to inform Quebec residents, in clear language, about their rights and responsibilities.