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Tuesday, February 10, 2009

Staying together in tough times

By James Rankin

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.

Many people do not care as much as in the past about a person's legal marital status. As a result it is less important for people to bother with the legal formality of ending their marriage unless they want to get married again. New relationships can be developed despite still being married because many are think that being separated is already the same as no longer being 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.

Therefore, a couple might live together to keep costs down and still go ahead and end their marriage if they have the few hundred dollars it will take to pay for divorce forms plus the court's filing fee.

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. - 20611

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