What are the grounds for divorce?

How the answer differs across 10 jurisdictions

The Short Answer

You can only get divorced in Germany through a court judgment, and the marriage must be legally broken down — usually proven by at least one year of separation (or three years if only one spouse applies).

1 year
Minimum separation for mutual divorce
3 years
Separation for unilateral divorce
100%
Court decision required (no DIY divorce)
Unzumutbare Härte
Hardship exception (no waiting period)
The Short Answer

In Canada, you can get a divorce based on one of three grounds: separation for at least one year, adultery, or cruelty.

1 year
Separation period
3 grounds
Legal bases
Federal law
Jurisdiction
No fault
Separation basis
The Short Answer

In Ireland, divorce can only be granted if the spouses have lived apart for at least 4 of the previous 5 years, there is no reasonable prospect of reconciliation, and proper provision has been made for each spouse and any dependent children.

4 of 5 years
Separation period
No reconciliati
Prospect required
Proper provisio
Financial duty
2+ years
Judicial separation
SingaporeFull article
The Short Answer

In Singapore, divorce can be granted only if the marriage has broken down irretrievably, proven by one of five statutory facts: adultery, unreasonable behaviour, desertion for at least two years, separation for at least three years (with consent), or separation for at least four years (without consent).

5 grounds
Statutory facts
2 years
Desertion period
3 years
Separation w/ consent
4 years
Separation w/o consent
The Short Answer

You can apply for a divorce in England and Wales by submitting a sole or joint application online via the GOV.UK service, citing irretrievable breakdown of the marriage — now the only ground, with no need to prove fault or separation periods under the new no-fault system introduced in 2022.

6 weeks
Minimum time between application and conditional order
6 months
Time between conditional and final order
£593
Court fee (2024)
1 ground
Irretrievable breakdown only
US-CaliforniaFull article
The Short Answer

California is a no-fault divorce state: the only legal ground is 'irreconcilable differences' that have caused the irremediable breakdown of the marriage.

1 ground
Legal grounds
6 months
Minimum waiting period
No fault
Divorce type
6 months
Residency requirement
US-New YorkFull article
The Short Answer

New York allows divorce only on seven statutory grounds, including irretrievable breakdown of the marriage for at least six months, cruel and inhuman treatment, abandonment for one year, imprisonment for three or more consecutive years, adultery, judgment of separation, and separation agreement.

7 grounds
Total divorce grounds
6 months
No-fault breakdown period
1 year
Abandonment duration
3 years
Imprisonment requirement
South KoreaFull article
The Short Answer

In South Korea, divorce may be granted for specific statutory grounds including adultery, malicious abandonment, extreme mistreatment, disappearance for three years, or other serious reasons making marriage unsustainable.

Article 840
Civil Act section
3 years
Disappearance period
Adultery
Ground #1
Abandonment
Ground #2
The Short Answer

In Japan, judicial divorce is granted only if one of five statutory grounds under the Civil Code is proven, such as adultery, abandonment, or unexplained disappearance for three years.

5 grounds
Statutory grounds
3 years
Disappearance period
1 year
Separation for mental illness
6 months
Minimum filing wait after separation (if mutual consent fails)
The Short Answer

Under Hindu law in India, divorce can be granted on grounds including cruelty, adultery, desertion for two years, conversion to another religion, unsound mind, leprosy, venereal disease, renunciation of the world, and presumption of death.

2 years
Desertion period
1 year
Separation for mutual consent
HMA, s.13
Governing section
Adultery
Ground for divorce

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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.