How long must spouses be separated before divorce?

How the answer differs across 8 jurisdictions

The Short Answer

In Germany, you generally need to live separately for at least one year before filing for divorce. If both spouses agree to the divorce, this period applies. If only one spouse wants it, the separation period is three years.

1 year
Minimum separation with mutual consent
3 years
Separation without consent
0 years
Hardship divorce possible
Shorter
Reconciliation attempts don’t reset clock
The Short Answer

In Canada, you generally need to be separated for at least one year before a court can grant a divorce based on marriage breakdown.

1 year
Minimum separation
1 ground
Required legal ground
Federal law
Applies nationwide
No fault
Separation is no-fault
AustraliaFull article
The Short Answer

You must be separated for at least 12 months before applying for a divorce in Australia.

12 months
Minimum separation period
1 day
Can separate under one roof
No fault
Grounds for divorce
3 months
Time to respond to application
The Short Answer

Yes, you can apply for divorce in Ireland after being separated for at least 4 years out of the previous 5 — so after 5 years of separation, you likely meet the time requirement.

4 years
Required separation
5 years
Look-back period
1996
Act year
s. 5
Relevant section
SingaporeFull article
The Short Answer

No, you generally cannot file for divorce within 3 years of marriage in Singapore, unless you get special permission from the court on grounds of exceptional hardship or depravity.

3 years
Minimum marriage duration
Exceptional har
Ground for early divorce
Depravity
Ground for early divorce
Court permissio
Mandatory step
The Short Answer

A no-fault divorce in England and Wales takes a minimum of 26 weeks from the date the application is issued to the final divorce order.

26 weeks
Minimum total time
20 weeks
Waiting period before application
6 weeks
After conditional order
1 applicant
No need for both parties
US-CaliforniaFull article
The Short Answer

In California, there is a mandatory six-month waiting period between filing for divorce and the divorce becoming final.

6 months
Minimum wait
0 days
No separation required
1 day
Filing starts clock
100% no-fault
Grounds for divorce
US-New YorkFull article
The Short Answer

In New York, you must allege that the marriage has been irretrievably broken for at least six months before filing for divorce.

6 months
Required duration
No fault
Divorce type
2010
Effective year
DRL §170(7)
Statute section

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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: June 2026.