Simple Divorce Papers

We recently had a question about whether a judge could order a couple who had not lived together for over a year to do so before granting a divorce. Under no circumstances can a judge order them to live together for any amount of time. The closest thing to what you say is that a judge can refuse to grant the divorce if he believes there is a a possibility of reconciliation. The Divorce Act says:

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10 (2) Where at any stage in a divorce proceeding it appears to the court from the nature of the case, the evidence or the attitude of either or both spouses that there is a possibility of the reconciliation of the spouses, the court shall

(a) adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation; and

(b) with the consent of the spouses or in the discretion of the court, nominate

(i) a person with experience or training in marriage counselling or guidance, or

(ii) in special circumstances, some other suitable person,

to assist the spouses to achieve a reconciliation.

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In actual practice the only evidence on this issue that the judge will have in an uncontested divorce will come from the affidavit(s) of the applicant(s) which will just state that there is no possibility of reconciliation and the judge will accept that.

Under section 9 of the Divorce Act a lawyer has the duty to discuss the issue of reconciliation with his/her client and inform him/her about “marriage counselling or guidance facilities” and “mediation facilities” for assisting in negotiating terms of divorce.

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