How do I get a divorce in Canada?
To get a divorce, you need to submit an application to a court in the province or territory where you or your spouse resides. Divorce application forms and procedures vary from one province and territory to another. Information on how to apply for a divorce in your province or territory is available from your provincial or territorial Ministry of Justice or Attorney General.
Do I need a reason to get a divorce?
To get a divorce, you have to show that your marriage has broken down in one of three ways:
- you and your spouse have separated and have lived apart for at least one year; or
- your spouse has been physically or mentally cruel to you, making it intolerable to continue living together; or
- your spouse has committed adultery.
If you are claiming your marriage has broken down because you and your spouse are separated, you do not have to wait to apply, as long as you and your spouse are living apart when you apply. However, you and your spouse must have been living apart for at least one year before your divorce can be granted.
You can apply at any time if you are claiming your marriage has broken down because of physical and/or mental cruelty or because of adultery.