CanadaCan I get divorced if my spouse committed adultery without waiting a year?
Yes, you can get divorced immediately in Canada if your spouse committed adultery — no one-year separation is required.
What the Law Says
Canada’s federal Divorce Act allows divorce based on marriage breakdown, which can be proven in three ways — including adultery — without requiring a one-year separation.
Under the Divorce Act, a court may grant a divorce if there has been a breakdown of the marriage. The law lists three ways to prove this: (1) separation for at least one year, (2) adultery, or (3) cruelty.
Unlike the one-year separation option, adultery does not require any waiting period. If you can prove your spouse committed adultery, you may apply for divorce right away.
Note: You must provide evidence of the adultery — such as witness testimony, messages, or other credible proof — and the court will assess whether it meets the legal definition.
Statutory TextA court may grant a divorce on the ground that there has been a breakdown of the marriage established by separation for one year, adultery, or cruelty.
— Divorce Act, s. 8 — Divorce — breakdown of marriage
What to Do
Gather credible evidence of your spouse’s adultery (e.g., photos, texts, witness statements)
File a divorce application in your provincial superior court, citing adultery as the ground under s. 8 of the Divorce Act
Serve the application on your spouse and follow court procedures for proving the claim
Attend any required hearings; the judge will decide whether the evidence supports the adultery claim
If granted, the divorce order takes effect 31 days after the judgment unless appealed
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.