Ontario requires a one-year separation period before granting most divorces

Under Ontario family law, couples must live separately and apart for at least 12 months before a divorce can be finalized. This mandatory separation period begins from the date spouses begin living separately, even if they remain under the same roof with separate living arrangements.

There are only two exceptions to the one-year waiting period:

  • Adultery – When one spouse has committed adultery
  • Cruelty – When there is physical or mental cruelty that makes continued cohabitation intolerable

While couples can initiate divorce proceedings as soon as they separate, the court will not issue a final divorce order until the full separation period has elapsed, unless one of the above exceptions applies. This cooling-off period is designed to give couples time to consider reconciliation and make thoughtful decisions about their future.