Divorce
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
In Canada there is only one legal ground for divorce: breakdown of the marriage. The most common way to prove this is living separate and apart for one year — about 95% of divorces use this route. You can also claim adultery or cruelty, but these are rarely used.
Canada has a no-fault system. The reason for the breakup does not affect how property, support, or parenting is decided. You must be legally married to get a divorce — common-law couples separate without one.
At least one spouse must have lived in the province where you file for at least one year. Once the court grants the divorce, it becomes final after 31 days.
When does it apply?
This applies to legally married couples in Canada.
- At least one spouse must have been a resident of the province where the divorce is filed for one year or more.
- You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What should you do?
- Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.
- Start the separation clock — document the date you began living separate and apart.
- File at provincial Superior Court — you can file jointly (together) or as a sole applicant.
- Resolve parenting, support, and property through negotiation, mediation, or court if needed.
- Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What should you NOT do?
- Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.
- Don't hide assets — both spouses have a legal duty of full financial disclosure.
- Don't use children as bargaining chips — courts take this seriously and it can hurt your case.
- Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.
- Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
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