Divorce Law | Canadian

To obtain a divorce, you must prove a "breakdown of the marriage." This can be established in three ways:

In Canada , divorce is governed by the federal Divorce Act , which applies uniformly across all provinces and territories. While the grounds for divorce are federal, the specific procedures and forms for filing vary by province. canadian divorce law

Significant updates to the Divorce Act in March 2021 shifted the focus from "rights" to "responsibilities": Fact Sheet - Divorce - Department of Justice Canada To obtain a divorce, you must prove a

: You and your spouse have lived "separate and apart" for at least one year. This is the most common ground (used in roughly 95% of cases) and is considered "no-fault". Adultery : One spouse has committed adultery. This is the most common ground (used in

: One spouse has treated the other with physical or mental cruelty, making continued cohabitation intolerable.

If you apply based on separation, you can file the application immediately after moving apart, but the court will not grant the divorce until the full one-year period has elapsed.