Barrister & Solicitor

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ABOUT
CONTACT
FAMILY LAW:
Marriage or Cohabitation
Agreements
Marriage Breakdown or Breakdown of a Common Law Spousal or Same-Sex Partner Relationship
Conclusion/Disclaimer
WILLS & ESTATES:
Wills
Probate Taxes
Intestacy
Rights of Surviving Spouse & Dependants
Conclusion/Disclaimer
MAIN PAGE


Family Law: Marriage Breakdown or

Breakdown of a Common Law Spousal or
Same-Sex Partner Relationship

9. Divorce

If a spouse has been ordinarily resident in Canada for at least one year prior to the commencement of a proceeding, that spouse may initiate a divorce proceeding by claiming a breakdown of a marriage, by relying on one of the three alternate grounds provided for by the Divorce Act. The three alternate grounds are:

  1. one year of living separate and apart, the ground most often relied upon;

  2. adultery; or

  3. cruelty.

Often, spouses will conclude a separation agreement by negotiation, and then one spouse will proceed with the divorce. Obtaining a divorce in these uncontested circumstances is very straightforward. In other circumstances, the divorce proceeding may be the process by which court proceedings are started, as referred to in paragraph 7 (click here). The time required to obtain a divorce depends on whether matters other than the divorce are in issue, and if so, their nature and complexity