GROUNDS FOR DIVORCE: NO-FAULT or FAULT ?

There are three (3) possible grounds for divorce in Canada, which are as follows:

(1) Living separate and apart for at least one (1) year before the divoce judgment.  This is the no-fault divorce.  You may file the divorce before the year of separation has passed, but the final judgment will not be issued until after you have been living apart for one year.  It is possible to live separate and apart will still residing in the same home, as long as at least one of the spouses intended for there to be a separation and there was actually some manner of separation.  Usually, the court will not question your separation.

(2) For adultery.

(3) For Cruelty.

The last 2 grounds (#2 and #3) must be proven in court.  In addition, even when filing on the grounds listed in #2 and #3, you will still be required to wait 1 year before you can file the divorce.  This means that if you are filing on adultery, you must wait until one year after the adultery took place to be able to file for the divorce.  In addition, filing on these last 2 grounds will typically make it impossible to file a joint divorce, which is a simplified divorce process.