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Legal Grounds for Divorce in Canada

To be granted a divorce in Canada, you must prove to the courts that your marriage is broken down and cannot be repaired. The two ways to legally prove your marriage is irreparable are to complete a one year separation from your spouse (“No Fault Divorce”) or to provide valid proof that adultery or abuse has occurred.

No Fault Divorce

As soon as you and your spouse are separated, you can begin the application process of your divorce. You do not need to wait until you have been separated for a full year, although the courts will not grant you a divorce until the full one year separation is completed.

During the one year separation, it’s not necessary for you and your spouse to reside at separate addresses.  In the event that separate residences are not possible (due to finances, children), you can continue to live in the same house, but the court will ask you to prove that you no longer live together as a couple. This can be difficult to prove, and it is recommended to seek legal assistance in this situation.

If you and your spouse have separated, and then got back together during the one year of separation, you may not be required to complete the one year separation again if you intend to separate for a second time. You will only need to restart your one year separation period if you were back together for more than 90 days, or for several periods adding up to more than 90 days. This gives couples the opportunity to try to repair their marriage, without delaying a divorce if their attempts are unsuccessful.

“No Fault, Uncontested Divorces” are the least expensive and complicated means for couples to obtain a divorce.

Fault Divorce

Divorce on the ground of adultery or cruelty is referred to as a “Fault Divorce”. This means that one spouse is attempting to prove that the other spouse is at fault for the breakdown of their marriage.  This type of divorce will require proof of the spouse’s adultery and/or cruelty. Legal representation is necessary as “Fault Divorces” can be difficult, not to mention costly and lengthy. “Fault Divorces” can take up to a year or more to be processed, meaning the couple could have potentially completed a one year separation within that time.

Contact Alghoul & Associates’ experienced Family lawyers for help with your divorce or separation.