Divorce in Quebec
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You Want to Get Divorced in Canada
- 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.
How Quebec differs from federal law
Divorce in Quebec is governed by the federal Divorce Act (as in all provinces), but the Civil Code of Quebec governs the consequences of divorce, including property division and support. Quebec's civil law approach creates important differences from common law provinces.
- Divorce is heard by the Superior Court of Quebec. The only ground for divorce is breakdown of marriage, which can be established by one year of separation, adultery, or cruelty — the same as in other provinces.
- Quebec is a civil law jurisdiction. Marriage creates a family patrimony (patrimoine familial) that is divided equally upon divorce, regardless of which spouse owned or paid for the assets (articles 414-426 CCQ).
- The family patrimony includes the family residences (and rights in them), household furnishings, motor vehicles used for family travel, registered retirement savings, and pension plan benefits accumulated during the marriage.
- Property outside the family patrimony is divided according to the couple's matrimonial regime: partnership of acquests (the default in Quebec), separation as to property, or community of property. The matrimonial regime is chosen by marriage contract or defaults to partnership of acquests.
- Quebec offers a simplified joint divorce application process when both spouses agree on all terms, which can significantly reduce costs and timelines.
Additional Steps in Quebec
File a divorce application at the Superior Court of Quebec in the district where either spouse resides. You can apply jointly (if you agree) or alone. Free or low-cost family mediation is available through Quebec's publicly funded family mediation program — couples with children are entitled to 5 free mediation sessions with an accredited mediator (covered by the Quebec government). Contact the Barreau du Quebec referral service for a family law lawyer.
Relevant Law: Divorce Act (RSC 1985, c 3, 2nd Supp.); Civil Code of Quebec, arts. 414-426 (family patrimony), 431-492 (matrimonial regimes)
Common Questions
When does divorce 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 I do if I want to start the divorce process in Canada?
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 mistakes should I avoid with divorce?
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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