How long do you have to be separated before you can get divorced in New Brunswick?
This answer covers the law of New Brunswick.
You generally need to have lived separate and apart for at least one year immediately before the divorce is decided. The federal Divorce Act allows a court to grant a divorce on the ground that the marriage has broken down, and the one-year separation is the usual way to show that.
The clock can run even if you still live in the same home, subject to proof. Spouses are treated as living separate and apart for any period during which they lived apart, and the Act's wording also requires that at least one of them intended to live separate and apart. If you try to reconcile, the separation is not considered interrupted if you resume living together for not more than ninety days with reconciliation as the main purpose.
The wait can be avoided if the other spouse committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable. You also need one spouse to have been habitually resident in the province for at least one year before the proceeding starts. Your spouse's signature or agreement is not a condition, so a divorce can proceed even if they do not cooperate.
Key takeaways
- You generally need to have lived separate and apart for at least one year immediately before the divorce is decided.
- Living in the same home can still count as separation, subject to proof that at least one spouse intended to live separate and apart.
- A reconciliation attempt of not more than ninety days, with reconciliation as its main purpose, does not interrupt the separation period.
- Adultery, or physical or mental cruelty that makes continued cohabitation intolerable, can establish breakdown without the one-year wait.