What are the requirements for divorce in Ontario?
There are three grounds for divorce in Ontario: one year of separation, adultery, or physical or mental cruelty. The vast majority of cases use the one-year separation ground. Separation for one year is a condition for the court to grant the divorce — not a condition for filing.
Key Points
There are three grounds for divorce under the 《Divorce Act》: one year of separation, adultery, or physical or mental cruelty.
The one-year separation ground is by far the most common. It does not require proof of fault, and the parties can agree that separation has occurred even while continuing to live under the same roof.
Detailed Answer
The 《Divorce Act》 sets out three grounds on which a court may grant a divorce. The first, and most commonly used, is separation for one year or more with no reasonable prospect of reconciliation. The second is adultery. The third is physical or mental cruelty of such a kind that the petitioning spouse cannot reasonably be expected to continue cohabiting.
A critical distinction that many clients miss: the one-year separation period is a condition for the court to grant the divorce order — not a condition for filing the application. You can file a divorce application at any point after separating. The court will simply wait until one year has passed before issuing the divorce order.
In practice, this means you can and should begin dealing with property division, support, and parenting arrangements immediately after separation, without waiting for one year to pass. Delaying can result in assets being dissipated or positions hardening. The earlier you engage a lawyer, the better protected your interests will be.
If you are unsure whether you meet the grounds for divorce, or want to understand which approach best fits your circumstances, contact Miao He at 647-930-6688 for an initial consultation.
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