The 3 Legal Grounds for Divorce in Canada
1. Separation for One Year
This is by far the most common ground for divorce in Ontario. You and your spouse must have been living separate and apart for at least 12 consecutive months. At least one of you must have intended to end the marriage.
This ground is no-fault. No one is to blame. No misconduct needs to be proven.
What you need to know:
- You can be ‘separated’ even while living under the same roof if you are genuinely living separate lives
- You can file your divorce application before 12 months is up but the court will not issue the order until that time has passed
- A reconciliation attempt of up to 90 days does not restart the 12-month clock
- Your spouse does not need to agree to the separation
2. Adultery
If your spouse committed adultery during the marriage, you can file for divorce on that ground. You cannot use your own adultery as a basis for your application.
Proving adultery requires evidence — or your spouse must admit to it. This makes the process more complicated and usually more expensive. Most lawyers in Ontario advise using the separation ground instead, even when adultery has occurred.
3. Physical or Mental Cruelty
If your spouse treated you with cruelty so severe that living together became intolerable, you can file on this ground immediately — without waiting 12 months.
You must be able to prove the cruelty with evidence. These cases tend to be more contested and more costly. Our lawyers will assess whether this ground is appropriate for your situation.
Which Ground Is Right for You?
| Ground for Divorce | What to Know |
|---|---|
| Separation (1 year) | Most common no-fault, no proof required, widely used |
| Adultery | Requires proof or admission usually more complicated |
| Cruelty | No waiting period but requires evidence and may be contested |
| Best for most people | Separation is simple, affordable, and widely accepted |
Can You File Before 12 Months Is Up?
Yes — if you are relying on cruelty or adultery. If you are using separation as your ground, you can start preparing your application early. But the court will not finalise the divorce until the full 12 months have passed.
What Can Block a Divorce?
In rare cases, a court may refuse to grant a divorce. The main reasons are:
- Collusion — if the court believes the breakdown has been fabricated
- Unresolved child support — courts will not grant a divorce until children’s support needs are addressed
- Condonation or connivance — rare defences related to adultery cases
These are uncommon in genuine applications. Our lawyers identify any potential obstacles early and deal with them before they become problems.
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Your Questions Answered
Is Canada a no-fault divorce country?
Effectively, yes. Because the one-year separation ground requires no proof of wrongdoing, and is used in the vast majority of cases, Canada’s divorce system works as a no-fault system in practice.
What if we are still living together are we separated?
Yes, you can be legally separated while sharing a home. Courts accept this when couples are clearly living separate lives, separate finances, routines, and social lives. Your lawyer can advise you on documenting this properly.
Do I need to prove when we separated?
You state your separation date in your application and confirm it in an affidavit. You generally do not need independent evidence unless your spouse disputes the date.
Not sure which ground applies to your situation? We can help. Call Unified LLP at 416.787.7678 for a free consultation with a Toronto divorce lawyer.
