He can serve you with a legal seperation before then though...I am not sure what the status here is between a seperation and legal seperation...'
Decided to look it up..
lol
http://canada.justice.gc.ca/en/dept/pub/divorce/separation.htmlWhat is the difference between separation and divorce?
A separation occurs when one or both spouses decide to live apart with the intention of not living together again. Once you are separated, you may need to deal with your spouse in relation to issues concerning any children you have, such as custody and child support, and you may also need to work out issues dealing with spousal support and property. You can resolve these issues in different ways:
* You can negotiate a separation agreement. A separation agreement is a legal document signed by both spouses which details the arrangements you have agreed on. In some jurisdictions, independent legal advice is required to make the document legally binding.
* You can make an application to the court to set up custody, support and property arrangements under the laws in the province or territory.
* You can come to an informal agreement with your spouse. However, if one party decides not to honour the agreement, you will have no legal protection.
To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act.
Do I need a reason to get a divorce?
To get a divorce, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if:
* you and your spouse have lived separate and apart for one year with the idea that your marriage is over; or
* your spouse has committed adultery (had sexual intercourse with someone else) and you have not forgiven your spouse; or
* your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish.
You can get a divorce if one of these situations applies to you.
Over 80 percent of divorces in Canada are based on one-year separation.
Do I have to prove that my spouse is responsible for our marriage breakdown?
Under the Divorce Act, you do not need to prove that your spouse was at fault in order to get a divorce. If the reason you are asking for a divorce is marriage breakdown, shown by one year of living apart, either of you can request a divorce. It does not matter which one of you decided to leave. In fact, the law gives you the choice of applying to the court together to ask for a divorce.
However, if the reason you are asking for a divorce is marriage breakdown because of adultery or mental or physical cruelty, you will have to have proof of what happened.
How do I start a divorce application?
1. It is always advisable when starting a divorce application to speak to a lawyer knowledgeable about family law. A lawyer can tell you exactly how the law applies to your situation and how to protect your rights. You can then decide what to do.
To start a divorce application, you fill out the appropriate forms for your province or territory. If you have a lawyer, he or she will fill out the forms for you and will be responsible for processing the divorce. You may obtain forms at government bookstores, some private bookstores and, in some cases, via the Internet. In some jurisdictions, court offices and family law information centres provide forms.
2. There are a few things in particular that you have to include in the forms. If there is a child of the marriage, you need to write down the parenting arrangements, including financial support. If these arrangements are in dispute, you will need to describe the arrangements that you are seeking.
3. Once you have completed all the forms, you file them at the courthouse, pay the required court fees, and follow the court rules and procedures for your province or territory.
