You must generally wait one year after separation before filing for divorce in Canada
Canadian divorce law requires couples to demonstrate a one-year separation period before filing for divorce, with few exceptions. However, you can begin preparing for divorce during this waiting period by:
- Consulting with a family law professional to understand your rights
- Gathering important financial and legal documents
- Creating a separation agreement to address immediate concerns
- Working with a divorce mediator to resolve key issues
The only exceptions to the one-year waiting period are cases involving adultery or physical/mental cruelty, which must be proven in court. Most Canadian couples choose the separation ground as it’s simpler and less adversarial.