Battlestar Galactica star, Tricia Helfer, recently filed for divorce from her husband of thirteen years, Jonathan Marshall.
TMZ reports that Helfer is seeking a divorce due to “irreconcilable differences” between the couple. The divorce documents indicate that the parties separated back in May 2017.
Notably, the couple do not have any minor children, so custody, access, and child support are not an issue. Furthermore, the couple signed a marriage contract, which deals with the division of property upon the dissolution of the couple’s marriage. Consequently, TMZ reports that this is expected to be a “pretty clean divorce”.
If Helfer was seeking a divorce in Ontario, the Court would not grant a divorce until May 2018!
In Canada, there are three grounds for divorce:
- Cruelty;
- Adultery; and
- Separation.
“Separation” is the most commonly stated ground for seeking a divorce in Ontario because it is typically the easiest ground to establish.
The ground of “separation” means that the couple has lived “separate and apart” for a period of no less than 12 months (one year) with no prospect of resumed cohabitation or reconciliation. Notably, this does not necessarily mean that the spouses must wait a year in order to bring an application, however, it means that a court will not grant a divorce unless and until the one year mark has passed.
Notably, “separate and apart” does not necessarily mean that the parties live in two separate homes. Specifically, it is possible for spouses to live under the same roof and still qualify for a divorce based on the grounds of one year separation. With that being said, regardless of whether the spouses live in one or two residences, there must be a physical separation between the parties. For example, the spouses cannot eat meals together, attend social events together, or continue sharing a bed or bedroom.