One year of separation is required before filing for divorce in Ontario, with limited exceptions.
In Ontario, couples must live separate and apart for a minimum of 12 months before they can file for a no-fault divorce. This separation period serves as proof that the marriage has broken down irreparably. However, there are two exceptions where the one-year waiting period may be waived:
- Proven adultery by one spouse
- Physical or mental cruelty that makes continued cohabitation intolerable
During the separation period, couples may live in the same home for financial or childcare reasons, provided they maintain separate living arrangements and no longer function as a married couple. This arrangement is commonly known as living separate under the same roof.