Can I Get a Divorce in BC If We Are Still Living in the Same House?

This answer covers the law of British Columbia.

Whether you can count time under one roof as separation depends on your facts, and it is worth getting advice before you rely on it. The Divorce Act speaks of spouses living separate and apart, and deems them to have done so for any period during which they lived apart and either of them intended to live separate and apart from the other.

The usual separation ground requires at least one year of living separate and apart immediately before the divorce proceeding is decided, and that you were still separated when it started. You can apply at any time after separating, but the court will not grant a divorce on that ground until the year is complete. Resuming living together for periods totalling not more than ninety days, with reconciliation as the primary purpose, does not interrupt or end the separation period.

How couples who share a home are treated, and what evidence shows separate lives, are questions that depend on the facts, so a lawyer can confirm how they apply to you. Separately, adultery or cruelty is an alternative ground to the one-year separation, but it must be committed by the spouse the proceeding is brought against, and cruelty must make continued cohabitation intolerable.