Divorce is the legal term of a marriage ending by an order of the court. Without this court order, a couple will remain married to each other no matter how long they’ve been separated.
Although a divorce order represents the formal conclusion of a marriage and legal change of status of adults, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will continue. The court does not generally look out for adults when property is being divided, but the court has an underlying jurisdiction to look out for the best interests of children, and this includes child support.
Under the federal Divorce Act there is only one reason why you can apply for a divorce order: a permanent breakdown of the marriage. To prove that, there are three reasons why marriage breakdown may have occurred:
- the intentional separation of the spouses for at least one year,
- the adultery of one spouse, and,
mental or physical cruelty by one spouse to the other which makes it is impossible to continue in the marriage.”