No-fault divorce requires no proof of wrongdoing, while fault-based divorce requires evidence of marital misconduct

In Canada, the main distinction between these two types of divorce lies in how the marriage breakdown is legally established. No-fault divorce simply requires spouses to live separately for one year before filing, with no need to prove misconduct. Fault-based divorce involves proving specific grounds for marriage breakdown through evidence.

• No-fault divorce benefits:
  • Less confrontational process
  • Generally faster resolution
  • Lower legal costs
  • Reduced emotional stress
• Fault-based divorce requirements:
  • Proof of adultery
  • Evidence of physical/mental cruelty
  • Documentation of misconduct

Most Canadian couples choose no-fault divorce as it offers a more straightforward path to ending their marriage while maintaining dignity and privacy.