Under Canadian law, there are three legal grounds for divorce: separation, adultery, and cruelty

The Divorce Act of Canada establishes specific grounds under which married couples can legally end their marriage. The most common and straightforward ground is living separate and apart for at least one year. The other two grounds are based on marriage breakdown due to:

• Adultery – when one spouse has been unfaithful during the marriage
• Physical or mental cruelty – when one spouse has treated the other with such cruelty that continuing to live together becomes intolerable

Most Canadians choose the separation ground as it does not require proving fault and generally results in a less contentious divorce process. Couples can begin divorce proceedings before the one-year separation period ends, though the divorce cannot be finalized until the full year has passed.