A formal divorce is required to dissolve a marriage. Usual grounds for a divorce are a one year separation. There are a number of requirements you must satisfy before a court will grant the order. The court will first grant the Divorce Order. We must then apply for the final Certificate of Divorce which becomes effective 31 days after the date of the Divorce Order. Without the Certificate of Divorce, you are unable to marry again.
When applying for a divorce, you and your spouse should also resolve or have resolved by a separation agreement or court order any issues relating to the children, including support, custody and access.
Day + Borg LLP can help you obtain a divorce, with or without the cooperation of your spouse. Sometimes divorce proceeding take longer than they should when there are corollary issues outstanding. Assuming you have been separated at least one year, even if you and your separated spouse co-operate and fulfill all requirements, it usually takes about four months before the court grants the Divorce Order.