Did You Know? » Divorce


Divorce is only applicable to legally married spouses.

There is one ground for divorce in Canada, which is a breakdown of the relationship.

The relationship breakdown may be evidenced in one of three ways:

  1. Living separate and apart for at least one year;
  2. Adultery; and
  3. Physical or mental cruelty.
It is possible to be living separate and apart from one’s spouse while still residing at the same residence.
The law in Canada facilitates the pursuit of reconciliation between married spouses who have separated. For example, spouses may resume cohabitation for up to 90 days without impacting the date of separation for the purpose of living separate and apart for at least one year.
A divorce can only be granted by a Judge. Although spouses may agree to divorce, an agreement is not enough to be legally divorced. One or both spouses may seek a divorce from a Court that has the jurisdiction to order a divorce. Divorce may be granted by the Superior Court of Justice. The Ontario Court of Justice does not have the ability to grant a divorce.
If you’re considering divorce, or if you think you might just need some guidance about divorce in Canada, don’t hesitate to contact us – our team of Toronto-based legal professionals is ready to assist you.

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