Sometimes a trial can be a real trial, even if it doesn't go ahead. And a practice note: if you want to Petition for Divorce on the grounds of marital breakdown by reason that "the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding", make sure you have a very clear understanding, if not consent, with respect to the separation date.

If you get into a proceeding and some doubt comes to light over the precise date of separation, you may be faced with a failed petition and a loss of jurisdiction - even if both parties have decided to consent to the corollary relief. A very uncomfortable turn of events.

On the whole, the one-year "no fault" divorce is convenient if the parties agree, but as unpleasant as it might be to watch, a "fault" divorce can be very satisfying to a client who feels wronged.