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You are here: Home / Blog / I have been separated for 10 years and would like to get a divorce. Do I have to go to court? Are there any limitation periods?

I have been separated for 10 years and would like to get a divorce. Do I have to go to court? Are there any limitation periods?

June 1, 2018 By Stephanie Dobson

Whether you have been separated for 10 days or 10 years, the question of whether you have to go to court or not is this: have you dealt with your marital issues fully and finally?

When people say that they had a “complicated divorce” it usually means that they experienced conflict in dealing with some or all of the following matters: division of matrimonial property, spousal support, child support, and parenting responsibilities (i.e. custody/access).

There are a variety of processes available to resolve your marital issues: mediation, court, collaborative process, etc.  So – do you have to go to court?  If you (and your lawyer) decide that this is the appropriate route to take, then yes you may have to go to or be part of the process that is court.

However, once you have resolved your marital issues, then obtaining the divorce judgement itself will likely be quick and easy.

As for limitation periods – children’s issues are rarely restricted by limitation periods, spousal support does have some limitation periods, but more importantly, division of matrimonial property is the topic which has many intricate limitation periods.

Share your stories with me – send me an email or follow me on Twitter at @sdobsonlawyer and send me a tweet.  I want to hear from you!  Find archives of my articles on our website.

What Our Clients Are Saying

Jeff Malin

I can not say enough good things about Stephanie and her staff . Their professionalism is second to none, the help they offered during my separation and divorce was great . During a stressful time, while emotions were running high and tempers were flaring, Stephanie’s calm professional demeanour help keep things in check . She is an amazing source of knowledge and always seemed to know what to do … [Read More...]

Filed Under: Blog, Separation & Divorce

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