CanadaWhat are the grounds for getting a divorce in Canada?
In Canada, you can get a divorce based on one of three grounds: separation for at least one year, adultery, or cruelty.
What the Law Says
The federal Divorce Act sets out the only legal grounds for divorce in Canada. These are strictly defined and apply uniformly across all provinces and territories.
To obtain a divorce in Canada, you must prove that your marriage has broken down. The law recognizes exactly three ways to establish this breakdown.
You do not need to prove who is 'at fault' for the divorce if you rely on separation for one year — this is known as a 'no-fault' ground. However, adultery and cruelty are 'fault-based' grounds, meaning the court must find that one spouse committed the act against the other.
Even if adultery or cruelty occurred, most couples choose the one-year separation route because it avoids the need to present evidence or assign blame in court — making the process simpler, less adversarial, and often faster.
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
Confirm you meet the residency requirement: at least one spouse must have lived in a Canadian province or territory for at least one year before applying.
Choose your ground: file for divorce based on one year’s separation (most common), or gather evidence if relying on adultery or cruelty.
File an application for divorce in the provincial or territorial court with family jurisdiction (e.g., Superior Court).
Serve the application on your spouse, unless filing jointly or obtaining consent.
Attend any required court steps — many one-year separation divorces are granted without a hearing if uncontested.
Sources
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IndiaNot 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.