A divorce is a serious matter. It removes the rights and obligations associated with marriage, and leaves each person free to re-marry. Divorce is something to be thought over carefully, perhaps with the help of a professional counsellor.
To get a divorce in Canada, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if:
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you and your spouse have lived separate and apart for one year with the idea that your marriage is over*; or
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your spouse has committed adultery (had sexual intercourse with someone else) and you have not forgiven your spouse; or
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your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish.
*Most divorces in Canada are based on one year separation. Note that ‘living separate and apart’ does not necessarily mean living in separate homes – you can be separated but share the same home for various reasons (children, money, etc.). For example, let’s say that your spouse moved out of the house three months ago. However, your marriage actually broke down and was essentially over nine months ago. Your actual date of separation may be nine months ago, rather than three months ago.
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