You can file for divorce in Canada after being separated for at least 12 months
Under Canadian law, you must demonstrate that your marriage has experienced a permanent breakdown before being granted a divorce. The most common way to prove this is through a 12-month separation period. During this time, you and your spouse must live separately and apart, though you may still reside in the same home if necessary, provided you maintain separate living arrangements.
There are two other grounds for divorce that don’t require the one-year waiting period:
- Adultery committed by your spouse
- Physical or mental cruelty that makes continued cohabitation intolerable
It’s recommended to consult with a family law professional before proceeding, as they can help you understand your rights and guide you through the divorce process most effectively.