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In most cases, couples in Ontario must be separated for at least one year before they can legally finalize a divorce. However, many people wonder: Are there any exceptions to the one-year separation rule? The short answer is yes—but only in rare cases.
1.What Is the 1-Year Separation Rule?
Under Canada’s Divorce Act, a divorce can be granted if a marriage has broken down, proven by at least one of the following:
One-year separation (most common)
Adultery
Cruelty (mental or physical abuse)
In Ontario, most divorces are granted based on one year of separation—it’s the simplest and least expensive route. You do not have to live in separate homes to be “separated,” as long as you are living “separate and apart” under the same roof.
2. When Can You Apply for Divorce Before 1 Year?
You can start the divorce process before the one-year mark, but the court will not grant the divorce order until you’ve been separated for at least 12 months—unless you’re claiming adultery or cruelty.
3. Here are the two exceptions:
1. Adultery
If your spouse had a sexual relationship with someone else during the marriage, you may file for divorce based on adultery.
Proof may be required, and the process can take longer than a simple divorce based on separation.
2. Cruelty
If your spouse was physically or mentally abusive, and continuing the relationship would be unsafe or intolerable, you can apply for divorce based on cruelty.
You’ll need to provide evidence, and a judge will determine whether it meets the legal threshold.
Note: Even with adultery or cruelty, it may still take time to finalize the divorce. In many cases, it’s easier and faster to file based on the one-year separation rule.
4.Can I File for Divorce While Still Living Together?
Yes. In Ontario, you can be considered “separated” even if you still live in the same home—as long as you are no longer acting as a couple (e.g., sleeping separately, not sharing meals or finances).
5.When Can the Divorce Be Final?
Even if you file early, the court will not issue a divorce until 12 full months of separation have passed, unless the divorce is granted on one of the two fault-based grounds (adultery or cruelty).
6. Should I Claim Adultery or Cruelty?
While these are legal grounds, family lawyers often do not recommend using them unless necessary. Why?
It usually requires more time, proof, and stress.
The court doesn’t consider “fault” when dividing property or deciding parenting.
A simple divorce based on separation is faster and cleaner in most cases.
7. Get Help from a Toronto Divorce Lawyer
If you're unsure whether you qualify for an exception to the one-year rule—or you’re ready to begin the divorce process—our team can help. We serve clients across Toronto and the GTA, and we’ll guide you every step of the way.
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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