What are the grounds for divorce in Canada?

In Canada, a breakdown of the marriage is grounds for divorce. Breakdown of the marriage may occur in three ways:

• The spouses have lived apart for at least one year before the divorce is finalized and were living apart at the time that the divorce petition was filed.
• The respondent (this means the person being divorced) has committed adultery since the date of the marriage.
• The respondent has treated his or her spouse with physical or mental cruelty of such seriousness that it is impossible for the two to continue to live together.

Note that the one-year waiting requirement does not apply where there has been adultery or physical or mental cruelty. In that case, you may file an application for divorce immediately.

---

June 2006

see also:

• More Divorce FAQs

Back