# Grounds for Divorce in Canada & How Long You Have to Be Separated One of the most common questions people ask when thinking about divorce is: "How long do I have to wait?" The answer depends on which ground for divorce you're using, and in Canada, the vast majority of divorces use the **one-year separation** ground. This guide explains the legal grounds for divorce in Canada, how long you need to be separated, and what the timeline actually looks like in practice. ## The Three Legal Grounds for Divorce in Canada Canada's federal **Divorce Act** sets out three grounds for divorce. You must prove one of these to get a divorce. **Separation for one year or more.** This is by far the most common ground. You must show that you and your spouse have lived separate and apart for at least one year and that there is no reasonable chance of reconciliation. **Adultery.** One spouse had a sexual relationship with someone else during the marriage. **Physical or mental cruelty.** One spouse treated the other in a way that makes living together intolerable. While all three are legally valid, **separation** is the ground used in the overwhelming majority of divorces because it's straightforward, doesn't require proving fault, and the one-year period passes whether you're fighting or cooperating. ## How Long Do You Have to Be Separated? For the **separation ground**, you must be separated for at least **one year** before the divorce can be granted. This means living "separate and apart" with at least one person intending to end the marriage. The [separation date](/glossary#letter-d) is when this begins. You can live in the same house and still be separated, as long as you're living essentially separate lives. If you've been in that situation or are considering it, you might find it helpful to read about [separation vs. divorce in Canada](/blog/separation-vs-divorce-in-canada-whats-the-real-difference) to understand how separation works. ## Can You File Before the Year Is Up? Yes. You can **start the divorce process** before the full year of separation has passed. In fact, many people file their divorce application around the 10 or 11-month mark. However, the judge cannot **grant** the divorce until you've been separated for the full year. So even if you file early, the divorce order won't be issued until the one-year mark has been reached. This is one reason why [the quickest way to get divorced in Ontario](/blog/quickest-way-to-get-divorced-in-ontario) still involves waiting close to a year from your separation date. ## What Happens If You Get Back Together? The Divorce Act allows for brief periods of **reconciliation** during the separation year. You can get back together for up to **90 days** without restarting the clock. If you reconcile for longer than 90 days, the one-year separation period resets, and you need to be separated for another full year before applying again. Shorter attempts at reconciliation (under 90 days) don't reset the timeline. The law recognizes that couples sometimes try to work things out. ## The Other Two Grounds: Adultery and Cruelty While **adultery** and **cruelty** are legally valid grounds for divorce, they are rarely used. Here's why. ### Adultery To use adultery as a ground for divorce, you must prove that your spouse had a sexual relationship with someone else. This requires evidence, and the other person may even need to provide a sworn statement. The process can be more complicated, more expensive, and often more emotionally painful than simply waiting out the one-year separation period. Also, proving adultery doesn't usually change the outcome on issues like property division, support, or parenting. Canadian family law is based on need, income, and fairness, not on who did what during the marriage. ### Physical or Mental Cruelty Cruelty means treatment that makes it intolerable to continue living together. This can include physical violence, emotional abuse, or other serious misconduct. Like adultery, cruelty requires proof. You may need to provide detailed evidence and possibly testimony from witnesses or professionals. If there is violence or serious abuse, your first priority should be **safety**, not divorce. You can get protection orders, support orders, and custody orders without waiting for a divorce. If you're in a dangerous situation, resources on [high-conflict divorce and family violence](/blog/high-conflict-divorce-in-ontario-who-can-help-and-how) can help you understand what support is available. ## Why Most People Use the Separation Ground The separation ground is preferred because it's **simple**. You don't need to prove fault or blame. You just need to show that you've been apart for a year. It's also **cheaper**. You don't need to gather extensive evidence, call witnesses, or fight in court about what happened during the marriage. It **reduces conflict**. Divorce is already stressful. Focusing on moving forward rather than assigning blame can make the process easier, especially if you have children or need to cooperate on financial issues. For most couples, even those who separated because of infidelity or other serious problems, the one-year separation ground is the most practical path to divorce. ## The Timeline from Separation to Final Divorce Here's what a typical divorce timeline looks like in Canada when using the separation ground. **Month 0:** You separate. This is your separation date. **Month 10-11:** You can file your divorce application. If you're in Ontario and considering doing this yourself, you can read about [how to file for divorce without a lawyer](/blog/how-to-file-for-divorce-in-ontario-without-a-lawyer). **Month 12+:** Once the full year of separation has passed and all required documents are filed, a judge can grant the divorce. **Month 13+:** The divorce takes effect 31 days after the judge signs the order. After that, you can request a [certificate of divorce](/glossary#letter-c) if you need proof for remarriage or other purposes. If your case is uncontested and straightforward, the whole process might take 13 to 15 months from separation to final divorce. Contested cases, especially those involving complex property or parenting disputes, can take much longer. ## What If You Need Legal Orders Before the Year Is Up? You don't have to wait for a divorce to deal with urgent issues. You can get court orders or create agreements about **parenting arrangements**, **child support**, **spousal support**, and even some **property matters** as soon as you separate. These are handled separately from the divorce itself. In fact, many people resolve all their financial and parenting issues through a separation agreement or court orders, and then file an uncontested divorce once the year is up. If you're worried about the cost of legal help during this time, you might want to read about [how to separate when you have no money](/blog/how-to-separate-when-you-have-no-money-in-ontario) for options and resources. ## Do Common-Law Couples Need to Wait a Year? No, because common-law couples don't get divorced. Only legally married couples can divorce. If you were in a common-law relationship, your relationship ends by separation. There's no waiting period and no court order required to end the relationship itself. However, common-law partners may still have rights and obligations around support, property, and parenting that need to be resolved through agreements or court applications. ## Key Takeaways The three grounds for divorce in Canada are **one year of separation**, **adultery**, and **cruelty**. The **separation ground** is by far the most common because it's simpler, cheaper, and less conflict-focused than proving fault. You must be separated for **at least one year** before a judge can grant your divorce, but you can file the application before the year is up. You can get back together for up to **90 days** during the separation year without restarting the clock. You don't need to wait for a divorce to deal with urgent issues like support, parenting, or property. These can be resolved immediately after separation. [Talking to a family law lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) can help you understand your timeline and what steps to take based on your specific situation. ### Disclaimer This article provides general information about grounds for divorce in Canada and separation requirements. It is not legal advice. Family law is federal, but procedures vary by province and territory. For advice about your situation, speak to a family law lawyer in your province.