In Canada, separation requirements depend on your grounds for divorce, with immediate options for adultery/cruelty or a one-year waiting period for no-fault divorce.
Under the Divorce Act, there are three legal grounds for divorce in Canada. While most couples pursue a no-fault divorce requiring a one-year separation period, immediate divorce may be possible in cases involving:
- Adultery: When one spouse has been unfaithful, the other may file for immediate divorce
- Physical or Mental Cruelty: Cases involving abuse or intolerable conduct may qualify for immediate divorce
- Separation: For all other situations, spouses must live separately for a minimum of 12 consecutive months before filing for divorce
Most Canadian couples choose the separation route as it requires less legal complexity and doesn’t involve proving fault in court. During the separation period, couples can live in separate homes or remain under the same roof while living independent lives.