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What are the grounds for divorce?
Under the Canadian Divorce Act, there is only one ground for divorce, marriage breakdown. Subsection 8(2) of the Divorce Act limits the ways you can prove a marriage breakdown.
Marriage breakdown can be established in these cases:
- if you and your spouse have lived separately for at least one year before the divorce judgment (although you may begin the paperwork anytime after your separation begins);
- if the spouse against whom the divorce is sought has committed adultery or has treated you with physical or mental cruelty of such a kind as to make it intolerable for the two of you to live together.
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