Do we have to be separated for a year before divorcing in Saskatchewan?
This answer covers the law of Saskatchewan.
You do not have to be separated for a full year before you file, but the year must be complete by the time the divorce is determined. The spouses must have been living apart when the proceeding began.
Under the Divorce Act, the only ground for divorce is breakdown of the marriage. It is shown by one year of living separate and apart, or by the other spouse's adultery or cruelty that makes living together intolerable, which needs no waiting year. You cannot rely on your own adultery or cruelty.
The year is counted generously. Spouses can be separate and apart under the same roof if one intends to live separately, and a period of resumed cohabitation of up to 90 days made mainly to reconcile does not end the separation period. Separately, one spouse must have been habitually resident in Saskatchewan for at least one year before the proceeding starts. Counting carefully matters, so write down the date you began living apart. How this applies to you depends on your facts, so a lawyer can confirm.
Key takeaways
- You can file before the year is up, as long as you were living apart when the proceeding began and the full year will be complete when the divorce is determined.
- Adultery or cruelty by the other spouse that makes living together intolerable can support a divorce without the one-year wait, but you cannot rely on your own.
- Spouses can be separate and apart under the same roof if one of them intends to live separately.
- A period of resumed cohabitation of up to 90 days made mainly to reconcile does not end the separation period.