Divorce Basics
Divorce is one of only 3 ways to end a legal marriage. The other two are death and an annulment. A separation does not end a marriage, no matter how long the couple remains separated. The term “legal separation” is often used to describe a situation where a formal separation agreement has been signed or a court order has been issued, say, to define parenting rights and obligations or dividing property. However, neither of these, an agreement or a court order, ends the marriage unless the court order is a a divorce order.
In Canada divorce falls under the authority of the federal government to make the laws but the provincial governments decide how the law is administered. As a result things such as how long a couple must be separated before they qualify for divorce is decided by the federal government and so is the same all across Canada. But the court forms, the process, the fees, these are all determined provincially and so there is a wide diversity. .
To get divorced in Canada one of three things must happen:
1. there must have been physical or mental cruelty;
2. there must have been adultery; or
3. the couple must have lived separate and apart for at least 1 year prior to the divorce being granted.
The third of these criteria does not need to be met before divorce is applied for. In order words, you can file for divorce before the year of separation is up and it can get approved by the court faster once the year has expired.
Also, very few people use either of the first 2 grounds to get divorced as they are invariably messier and take longer than just waiting for the year of separation. Especially since the year of separation can start from the date you or your spouse decide to separate and start acting like you are separated even if you still reside under the same roof.
Spouses can apply either individually or together in most provinces but not all. For example, a couple cannot jointly apply for a divorce in Alberta – only a sole application is permitted there.