Separation or Divorce

A divorce ends the marriage. It may be obtained on proof that the parties have lived separate and apart for at least one year prior to the pronouncement of a judgment of divorce, or upon proof of marital breakdown caused generally by the other party's marital fault consisting of adultery, physical or mental abuse.

A legal separation does not end the marriage, but rather crystalizes the date of separation and the value of the family patrimony and matrimonial regime. The parties do not have to have lived apart for one year prior to obtaining a judgment of legal separation.