Divorce is never an easy decision, and the process itself can be emotionally, financially, and legally challenging. In Canada, the Divorce Act governs the rules and regulations for obtaining a divorce. Under this act, there are specific grounds for divorce that must be met for a court to grant a divorce.

In this blog, we will discuss the grounds for divorce in Canada, including no-fault divorce based on a one-year separation and fault-based divorce due to adultery or cruelty. We will also share some final thoughts on this challenging topic.

One-Year Separation – No-Fault Divorce

The most common ground for divorce in Canada is a no-fault divorce based on a one-year separation. This means that neither spouse is held responsible for the breakdown of the marriage. Instead, the couple simply acknowledges that they have been living separately and apart for at least one year and that there is no reasonable prospect of reconciliation.

To qualify for a no-fault divorce, the spouses must have lived separately and apart for at least one year immediately preceding the determination of the divorce proceeding. This does not necessarily mean that the spouses must live in separate households; they can live under the same roof but still be considered separated if they are living separate lives, such as sleeping in separate rooms and not engaging in marital relations.

Note that short reconciliation periods of up to 90 days during the one-year separation period are allowed. Still, if the couple reconciles for over 90 days, the one-year separation period will have to start over.

One-Year Separation – No-Fault Divorce is generally a less contentious and more straightforward way to obtain a divorce, as it does not require proving any wrongdoing on the part of either spouse. As a result, this type of divorce is often less time-consuming and less costly than a fault-based divorce.

Adultery or Cruelty – For Fault Divorce

In contrast to no-fault divorce, fault-based divorce requires one spouse to prove that the other spouse is responsible for the breakdown of the marriage. In Canada, there are two grounds for fault-based divorce: adultery and cruelty.

1. Adultery

To obtain a divorce on the grounds of adultery, the spouse seeking the divorce must prove that the other spouse engaged in voluntary sexual intercourse with someone else during the marriage. It is important to note that suspicion or circumstantial evidence is insufficient to prove adultery; there must be clear and unequivocal evidence, such as a confession or witness testimony. If the spouse alleging adultery has also committed adultery, they cannot use this ground for divorce.

2. Cruelty

Mental or physical cruelty can also be grounds for divorce in Canada. To prove cruelty, the spouse seeking the divorce must demonstrate that the other spouse's conduct was so intolerable that it made living together impossible.

Examples of cruelty include physical violence, verbal abuse, or extreme emotional neglect. In some cases, a single incident of violence may be sufficient to establish cruelty, while in others, a pattern of abusive behaviour may be required.

Fault-based divorces can be more complex, time-consuming, and expensive than no-fault divorces, as they require proof of wrongdoing. Additionally, fault-based divorces can be more emotionally draining for both parties, as the process often involves airing the couple's dirty laundry in a public forum.

Final Thoughts

When considering divorce, it is essential to understand the grounds for divorce in Canada and how they may impact your case. No-fault divorces based on a one-year separation are generally more straightforward and less contentious, while fault-based divorces due to adultery or cruelty can be more complicated and emotionally difficult.

Regardless of the grounds for divorce, the process can be challenging for all parties involved. It is crucial to seek legal advice from a family law professional to guide you through the process and ensure your rights and interests are protected.

Are you looking for a divorce lawyer in Edmonton? Our team at the SN Law Office can help you. We provide comprehensive legal services, particularly in family law. Request a call today to discuss your case further.