Hi there,

I know that you have to be separated for a year before the law will grant you a divorce.

Does the separation have to be legally documented or can you just tell them that you've been separated that long.

My husband moved out so technically we are separated but we have not filed anything.

Thanks!

I believe if you want the divorce to go smooth a legal seperation is in order. But laws change. Your in kitchenor I see...kitchenor Ontario??

I would suggest calling the court house to find out for sure.
I believe the law did change that if you can prove two seperate addresses on your income tax to prove it has been a year, than it would be sufficient to start filing for divorce.

As far as I know you have to be living apart for three months and then you are considered seperated....at least for child tax benefit purposes thats all you legally need...I never filed a legal seperation document but my lawyer is filing my divorce...if its uncontested then it should go smoothly...

I know the OP was quite some time ago so you might have found your answers by now but I'll add my two pennies just in case...

You do not need to file anything to state your separation. You need to be separated for a year before you can file the divorce papers but there's no reason why you can't start the process before that. On the divorce papers, there's a section where you declare that you have been living separate and apart since such and such a date. Also in Ontario you have 90 days during that first year of separation where you can be living together again but only for the purpose of trying to reconciliate.
Hope this helps!