What Are the Grounds for Divorce in British Columbia?
This answer covers the law of British Columbia.
No, you do not need to prove that anyone was at fault. Under the federal Divorce Act, the only ground for divorce is that the marriage has broken down.
Breakdown is established only in one of two ways. The first is that the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is decided, and were living separate and apart when it started. The second is that the spouse against whom the proceeding is brought has, since the marriage, committed adultery or treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable.
Adultery or cruelty is an alternative to the one-year separation, and the one-year wait does not apply when it is proven, but it must be committed by the spouse against whom the proceeding is brought. You can apply at any time after separating, but the court will not grant a divorce on the separation ground until one year has passed. The court must also be satisfied there has been no collusion in relation to the application. Which ground fits your situation is worth confirming with a lawyer.
Key takeaways
- The only ground for divorce under the Divorce Act is that the marriage has broken down.
- Breakdown is shown by at least one year of living separate and apart, or by the other spouse's adultery or cruelty.
- Adultery or cruelty must be committed by the spouse against whom the divorce proceeding is brought, and the one-year wait does not apply when it is proven.
- You can apply at any time after separating, but the court will not grant a divorce on the separation ground until one year has passed.