{"id":258,"date":"2016-01-22T13:25:54","date_gmt":"2016-01-22T18:25:54","guid":{"rendered":"http:\/\/toronto-familylawyer.com\/toronto-family-lawyer\/how-to-separate-and-get-a-divorce\/"},"modified":"2025-05-06T07:00:28","modified_gmt":"2025-05-06T11:00:28","slug":"how-to-separate-and-get-a-divorce","status":"publish","type":"post","link":"https:\/\/vapits.com\/jnm\/blog\/how-to-separate-and-get-a-divorce\/","title":{"rendered":"How To Separate and Get a Divorce | Toronto Family Lawyer"},"content":{"rendered":"

If you have experienced a marriage breakdown in your marital relationship and you are considering separating from your wife or husband and ultimately getting a divorce, here are some steps to follow:<\/strong><\/p>\n

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  1. Notify your spouse regarding your intention to separate.<\/strong><\/li>\n
  2. Conduct yourself as separated.<\/strong><\/li>\n<\/ol>\n

    Separation While Continuing to Live Under Same Roof <\/em><\/strong><\/i><\/p>\n

    The court must look at various objective factors to determine if the parties are living apart or not including the following:<\/p>\n

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    1. There must be a physical separation\u2026\u00a0 Just because a spouse remains in the same house for reasons of economic necessity does not mean that they are not living separate and apart;<\/li>\n
    2. There must also be a withdrawal by one or both spouses from the matrimonial obligation with the intent of destroying the matrimonial consortium, or of repudiating the marital relationship;<\/li>\n
    3. The absence of sexual relations is not conclusive but is a factor to be considered;<\/li>\n
    4. Other matters to be considered are the discussion of family problems and communication between the spouses; presence or absence of joint social activities; the meal pattern.<\/li>\n
    5. Although the performance of household tasks is also a factor\u2026weight should be given to those matters which are peculiar to the husband and wife relationship outlined above.<\/li>\n
    6. The court must have regard to the true intent of a spouse as opposed to a spouse\u2019s stated intent\u2026 [a]n additional consideration\u2026in determining the true intent of a spouse as opposed to that spouse\u2019s stated intentions is the method in which the spouse has filed income tax returns.\u00a0 Greaves v. Greaves,<\/em> 2004 CanLII 25489 (ON SC),<\/li>\n<\/ol>\n

      Separate Physically by moving out of the residence that you are sharing with your spouse. <\/em><\/strong><\/i><\/p>\n