Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    What are the grounds for divorce?
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    In Canada there is only one ground for divorce: breakdown of the marriage. The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted and were living separate and apart at the time the proceedings began. That is, if you are using one year of separation to establish the breakdown of the marriage you can't begin the proceeding until after the spouses are already separated and can't finalize it until at least one full year of separation. But you don't have to wait a year of separation to get the proceedings started.

    From time to time one of the parties wants to get the divorce without waiting the year from date of separation. This can only be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side simply decides to deny the allegation you may have converted an uncontested divorce into a contested one and it likely won't be finalized within the year anyways. Almost all divorces begun nowadays show breakdown by one year separation.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner