The recent high profile divorce between Katie Holmes and Tom Cruise made headlines in the news. The speed of the divorce also made headlines. Katie Holmes filed for divorce in the New York courts in June and by August – the divorce was finalized! This time frame seems unusually fast, and it is! It also may give people going through the divorce process an unrealistic expectation of the timing, especially for Ontario spouses. In Ontario, a court may, on application by either or both spouses, grant a divorce to the spouses on the ground that there has been a breakdown of their marriage.
A breakdown of a marriage is usually established after the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding.This means that even if Ontario spouses reach an agreement on the issues of their separation, they are still likely waiting a year to have the divorced finalized.
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