How long do you have to be separated before a divorce in Newfoundland and Labrador?
This answer covers the law of Newfoundland and Labrador.
In most cases, you must have lived separate and apart for at least one year before a divorce can be granted in Newfoundland and Labrador under the federal Divorce Act. That year must be complete when the divorce is determined, not when you file, so you can start the application before the year is up.
Separation is about how you live, not about a court filing, and nothing says you need a court order to separate. You can even be separate and apart under one roof if you stop joint activities, such as using separate bedrooms and doing laundry separately. A reconciliation attempt of not more than 90 days in total does not count as resuming cohabitation, so it does not reset the clock, but living together for longer does.
A divorce can also be granted if the other spouse committed adultery or cruelty, and either spouse must have been habitually resident in the province for at least one year before the proceeding starts. The Divorce Act applies only to married spouses, so unmarried partners cannot claim under it. Because dates and living arrangements are often disputed, a lawyer can confirm how the rules apply to you.
Key takeaways
- The usual ground for divorce is living separate and apart for at least one year immediately before the divorce is determined.
- You can start the divorce application before the year ends, as long as the full year is complete when the divorce is determined.
- A reconciliation attempt of not more than 90 days in total does not reset the clock, but living together for longer does.
- Spouses can count as separate and apart under one roof if they stop joint activities, such as using separate bedrooms and doing laundry separately.