When you say 'I do' in front of family and friends, divorce is the last thing on your mind. It is a moment filled with hope, love, and the promise of a shared future. But life doesn’t always go as planned, and unfortunately, there is always the possibility of divorce when you get married. If you are contemplating divorce, the process can feel overwhelming, especially when it comes to understanding the legalities and requirements. One of the most pressing questions you may have is, ‘What are the grounds for divorce in Canada?’
At CBM Lawyers, we’ve broken down the essential points and questions to help you navigate this challenging time with clarity and confidence.
Grounds for Divorce
In Canada, there are three different grounds for divorce:
Living separate and apart for one year or more.
One person in the relationship has committed adultery.
One person in the relationship has committed acts of physical and mental cruelty that makes continued cohabitation impossible.
With the latter two grounds, you do not have to be considered to be living apart and separate for one year to be granted a divorce.
What does ‘Separate and Apart’ look like?
Physical separation in different homes is not always required. You and your ex-spouse can continue living under the same roof, as long as it is mutually understood that the relationship has ended and at least one of you has clearly expressed this intention.
The Ministry of Justice has outlined what this could look like:
Living in separate rooms
Sleeping in separate beds
There is no sexual relationship
You do not eat meals together
You do not attend social events together
If you continue to present yourselves as a couple or engage in romantic interactions, among other factors, one party may argue that you were not truly living 'separate and apart' during that period.
What Happens If We Tried to Work Things Out?
According to the Ministry of Justice , if you apply for divorce based on a one-year separation, you are allowed up to 90 days (either before or after filing) to attempt reconciliation, this includes living together. If the reconciliation doesn’t work out, you can proceed with your divorce application as though the time spent together didn’t interrupt the separation period.=
Divorce is a deeply personal and often complex decision, but understanding your options can help to provide peace of mind. While some divorces may be more complicated than others, CBM Lawyers is here to help you navigate your personal journey with the support and guidance you need to make informed choices every step of the way.
If you have been served with a divorce application, it is important to contact us as soon as possible. There is a 30-day deadline to file a response if required, and our experienced lawyers can guide you through the process and provide expert advice.
Contact us today and receive legal advice to help you navigate these difficult times smoothly.
