Do I really have to wait a year before I can get divorced in Ontario?
In most cases, yes. The Divorce Act requires that you and your spouse have been separated for at least one year before a judge will grant a divorce based on marriage breakdown. You do not need a formal separation agreement to start the clock — the year begins when at least one spouse communicates to the other that the marriage is over and you begin living separate and apart.
"Separate and apart" does not always mean different addresses. Courts have recognized that spouses can be separated while still living under the same roof, particularly for financial reasons. However, you would need to show that you were no longer functioning as a couple — separate finances, separate social lives, no conjugal relations — and this can be harder to prove.
The one-year period can run while your divorce application is in progress, so you don't have to wait a full year before filing. You can file as soon as you are separated, but the court won't grant the order until the year is complete.
Key takeaways
- The standard waiting period is one year of separation before a divorce is granted.
- You can file your application before the year is up; the year just has to be complete by the time the order is made.
- Separation can occur under the same roof if you are truly living separate lives.
- No formal agreement is needed to start the separation clock.