You can file for divorce in Canada after living separately for at least one year and meeting provincial residency requirements.

Under the Divorce Act, Canadian couples must satisfy two key requirements before filing for divorce. First, at least one spouse must have lived in their current province or territory for a minimum of 12 consecutive months. Second, there must be a clear breakdown of the marriage, typically demonstrated through living separate and apart for at least one year. This separation period can begin even if you continue living under the same roof, provided you’re living separate lives.

• The one-year separation period is the most common ground for divorce in Canada
• Other grounds include adultery or physical/mental cruelty
• The separation period can include attempts at reconciliation up to 90 days
• You can begin the divorce application before the one-year separation ends, but the court won’t grant the divorce until after