Can I get a divorce?

To get a divorce in Canada, you only have to show that the marriage has broken down. There are 3 ways to prove this:

You and your partner lived separate and apart for one year.
Your partner committed adultery. This means that they had an affair. Only you can apply for divorce based on adultery. The partner who had the affair cannot apply.
Your partner was so physically or mentally cruel to you that you cannot tolerate living with them anymore.

Lived separated for one year

Most people get a divorce by showing they have lived separately for at least one year. Only one of you has to want to separate. Your partner does not have to agree. You must also start living in a way that shows your relationship has ended.

Usually, when couples separate, one person moves out. But you do not have to move out. If it is safe for you and your children, you might decide to continue to live in the same home because it is easier to care for your children or because it is too expensive to move out.

You can be legally separated and still live in the same home as long as you do not continue to do things together as a couple. This includes not sleeping together, and not doing things together like grocery shopping, eating, meeting friends, and laundry.

Your partner also does not have to agree to a divorce or sign anything for you to get a divorce as long as you have lived apart for a year. You can apply for a divorce right after you
separate, but you cannot get the divorce until one year has passed.

You can live with your partner again for up to 90 days within this one-year period if you are trying to reconcile and get back together. If you and your partner are not able to get back together, it does not affect the one-year separation period. You can do this before or after you start the court application for a divorce.

Things to keep in mind

If you apply for a divorce based on cruelty or adultery, you must prove it. This can be difficult and expensive.

If you have children, you must make plans for child support before a judge will give you a divorce.

If you were married in another province or country, you can still apply for a divorce in Ontario. You or your partner must have lived in Ontario for at least one year right before you apply.

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