Do You Have to Wait One Year to Get Divorced in Ontario?

If your marriage is over, you may be wondering how soon you can legally end it. Many people have heard that a full year of separation is needed first under the federal Divorce Act, and that is often true, but there are exceptions and some details that affect your timeline.

This article explains the one-year rule in plain language, what counts as living apart, what happens if you try to get back together, and what the court checks before granting a divorce. It does not cover property or support, which are separate questions.

The only ground for divorce is marriage breakdown

Under the federal Divorce Act, the only ground for divorce is that the marriage has broken down. You do not have to prove who was at fault in most cases. Instead, the Act sets out ways to show that the breakdown has happened.

The most common way is separation. Breakdown is shown if you and your spouse have lived separate and apart for at least one year before the divorce is decided, and were living separate and apart when the court proceeding started.

In practice, this means you can usually start the court process once you are separated, as long as the full year will have passed before the divorce is decided.

What counts as living separate and apart

Spouses are treated as having lived separate and apart for any period during which they lived apart and either spouse intended to live separately. So intention matters, and it only takes one spouse to have that intention.

Whether that counts as being separated is decided case by case, and a lawyer can explain what courts may consider.

• Think about when you or your spouse decided the marriage was over.
• Keep records that show the change, such as when you began living separate lives.
• Get advice early if you are still under the same roof, because the facts matter.

Trying to reconcile does not necessarily restart the clock

Many couples try again before ending things for good. The one-year period is not treated as interrupted if you resumed living together for one or more periods totalling no more than 90 days, mainly to try to reconcile.

If you spend longer than that living together again, the separation period may be affected, so it is worth getting advice about your particular dates.

Exceptions and what the court checks

You can sometimes avoid the one-year wait. Breakdown is also shown if the spouse the proceeding is brought against has, since the marriage, committed adultery or treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable.

Whatever the basis, the court has duties before it grants a divorce. It must satisfy itself that there is no possibility of the spouses reconciling, unless it would clearly be inappropriate to do so. It must also be satisfied that there has been no collusion and that reasonable arrangements have been made for the support of any children of the marriage.

If the divorce is based on adultery or cruelty, the court must also be satisfied that the spouse bringing the proceeding has not condoned or connived at it. Living together again for 90 days or less, mainly to reconcile, is not condonation.

Residency and timing: planning a realistic timeline

An Ontario court can hear a divorce proceeding if either spouse has been habitually resident in Ontario for at least one year immediately before the proceeding starts. Only one spouse needs to meet this.

Even after a judgment, the divorce is not immediate. It takes effect on the 31st day after the day the judgment is made. The court may order an earlier date if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned.

• Confirm when you and your spouse began living separate and apart.
• Note any periods of living together again, and how long they lasted.
• Check that at least one of you has lived in Ontario for a year.
• Consider whether adultery or cruelty applies, and get advice before relying on it.
• Speak with a lawyer about your timeline and the steps for filing.

Frequently asked questions