What are the grounds for divorce in Nova Scotia?
This answer covers the law of Nova Scotia.
The only ground for divorce under the federal Divorce Act is that the marriage has broken down, and one or both spouses can apply. You do not have to prove that your spouse did something wrong: breakdown is established if you have lived separate and apart for at least one year immediately before the divorce is decided, and were living that way when the proceeding started.
Spouses are treated as separate and apart for any period when they lived apart and either of them intended it, and living together again for no more than 90 days in total, mainly to attempt reconciliation, does not interrupt the year. You can show breakdown sooner if your spouse committed adultery or treated you with physical or mental cruelty that makes living together intolerable.
The court must also be satisfied there has been no collusion, and a divorce takes effect on the 31st day after the judgment is rendered. Fault is not considered when a court makes a spousal support order. Divorces are heard in the Supreme Court of Nova Scotia (Family Division). A lawyer can confirm which route fits your situation.
Key takeaways
- The only ground for divorce is that the marriage has broken down, and one or both spouses can apply.
- Breakdown is usually shown by living separate and apart for at least one year immediately before the divorce is decided.
- Adultery, or physical or mental cruelty that makes living together intolerable, can show breakdown without waiting a year.
- A divorce takes effect on the 31st day after the judgment granting it is rendered.