- Divorce in Canada is governed by the federal Divorce Act, and it doesn't ask how long you've been married.
- The Divorce Act allows a spouse to apply for divorce on one of three grounds: living separate and apart for a minimum period, adultery, or cruelty that makes continuing to live together…
- The requirement that actually stops some people from filing right away isn't about the marriage — it's about where you live.
If you got married a few months ago and the relationship has already fallen apart, you might assume the law makes you wait — that there's some minimum number of years you have to stay married before a court will even consider a divorce. It's a common assumption, and it isn't correct.
There is no minimum marriage length before divorce written into Ontario or federal law. What actually controls when you can apply, and how quickly, are two different things entirely: which of the three legal grounds for divorce you can rely on, and whether you meet the residency rule that gives an Ontario court authority to hear your case. This guide separates the myth from the actual requirements.
The Short Answer: Marriage Length Isn't a Legal Requirement
Divorce in Canada is governed by the federal Divorce Act, and it doesn't ask how long you've been married. A couple married for three months and a couple married for thirty years file the same kind of application, using the same three possible grounds, in the same courts.
What trips people up is that one of those three grounds does involve a waiting period — just not one tied to your wedding date.
What People Are Actually Thinking Of: The Separation Ground
The Divorce Act allows a spouse to apply for divorce on one of three grounds: living separate and apart for a minimum period, adultery, or cruelty that makes continuing to live together intolerable. In practice, the separation ground is used in the vast majority of Ontario divorces, because it doesn't require either spouse to prove fault.
The separation ground requires a minimum period of living separate and apart under the Divorce Act — as of mid-2026 this is generally one year, though statutory timelines like this can be revised, so confirm the current requirement before you rely on it for your own filing. The other two grounds, adultery and cruelty, don't carry that same waiting period, but they require you to prove what happened, which is often harder and slower than simply waiting out a separation.
The Real Timing Rule: Residency, Not Marriage Length
The requirement that actually stops some people from filing right away isn't about the marriage — it's about where you live. To have your divorce heard by an Ontario court, at least one spouse generally needs to have been habitually resident in Ontario for a set period immediately before starting the case. As of mid-2026, that period is one year under the Divorce Act — figures and thresholds like this can be revised, so verify the current requirement before you file.
This residency rule exists so people can't shop around for whichever province happens to be convenient. It has nothing to do with how long the marriage itself has lasted.
Quick Reference: What Actually Controls Your Timing
| Concept | What It Governs | What the Law Requires |
|---|---|---|
| Length of marriage | Whether you're eligible to divorce at all | No minimum — not a legal requirement |
| Separation period | The most-used of the three divorce grounds | A minimum period of living separate and apart (confirm the current period before relying on it) |
| Residency in Ontario | Which court has authority to hear your case | Habitual residency for a set minimum period (confirm the current period before relying on it) |
If You Married Recently and Already Want Out
Getting married and realizing quickly that it isn't working doesn't forfeit any rights, and it doesn't reset any legal clock against you. You're free to separate immediately, negotiate a separation agreement, and start living apart — the marriage's short length doesn't change your ability to do any of that.
What a short marriage can affect is the practical shape of a property or support claim, since equalization under Ontario's Family Law Act is generally based on the growth in each spouse's net worth during the time you were actually married. That's a fact-specific analysis best worked through with a lawyer rather than assumed from general rules.
Frequently asked questions
Can I get divorced after being married for only a few months?
Yes, in principle — there's no minimum marriage length under the Divorce Act. The practical limit is usually the separation period tied to your chosen ground, and the residency requirement, not how long you've been married.
Does it matter where the wedding took place?
No. What matters for jurisdiction is where you're habitually resident now, not where or when you got married. A marriage performed anywhere can be dissolved by an Ontario court once the residency requirement is met.
Do we have to already be separated before I can file?
If you're relying on the separation ground, yes — you generally need to have started living separate and apart before that ground is available to you. The adultery and cruelty grounds don't require a period of prior separation, but they do require proof.
Will being married for a short time hurt me financially in the divorce?
Not automatically. Property division under the Family Law Act generally looks at what each spouse's net worth grew by during the marriage, so a shorter marriage often means a shorter period of growth to divide — but the details depend entirely on your specific finances and should be reviewed with a lawyer.
This is a family law question
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