Either spouse can file for divorce in Ontario after meeting residency and separation requirements

To initiate divorce proceedings in Ontario, at least one spouse must have lived in the province for a minimum of 12 months before filing. There are three legal grounds for divorce under the Divorce Act:

• One-year separation – The most common ground, where spouses have lived separate and apart for at least 12 months
• Adultery – When one spouse has been unfaithful to the other
• Cruelty – Cases involving physical or mental cruelty that makes continued cohabitation intolerable

The marriage must be legally recognized in Canada, and either spouse can initiate the divorce application. Most couples choose the separation ground as it doesn’t require proving fault and typically results in a smoother legal process.