How long do you have to be separated before you can get a divorce in NL?
This answer covers the law of Newfoundland and Labrador.
You generally need to have lived separate and apart for at least one year immediately before a court determines your divorce under the Divorce Act. Breakdown of the marriage can also be shown if the other spouse committed adultery or physical or mental cruelty.
Separation is a matter of living apart, and no court filing or order is needed to separate. Spouses can even be separate and apart under one roof if they stop joint activities, such as using separate bedrooms and doing laundry separately. A short attempt at reconciliation does not reset the clock if you resume cohabitation for not more than 90 days in total, but cohabiting beyond 90 days does.
You can start the application before the year has ended, but the full year must be complete when the divorce is determined. At least one spouse must also have been habitually resident in the province for at least one year immediately before the proceeding starts. How these rules apply to your situation can turn on the details, so a lawyer can confirm.
Key takeaways
- Divorce on the separation ground generally requires living separate and apart for at least one year immediately before the divorce is determined.
- You do not need a court filing or court order to separate, and spouses can be separate and apart under one roof if they stop joint activities, such as using separate bedrooms and doing laundry separately.
- Resuming cohabitation for reconciliation for not more than 90 days in total does not break the separation, but going beyond 90 days does.
- You can start the divorce application before the year ends, as long as the year is complete when the divorce is determined.