In Canada, it is not necessary for both parties to want to get a divorce in order to end a marriage. However, it will be necessary for the one who wants to separate to prove that the marriage has broken down to the point that it should be ended.
The terms under which it can be proven that a marriage is irreparable are called the “Grounds for Divorce”. In Ontario, the acceptable Grounds for Divorce include:
- Separation: Partners have lived separately for at least one full year.
- Adultery: One partner is discovered to be having sexual relations outside of the marriage.
- Abuse / Cruelty: One partner has been abusive or cruel either physically or psychologically
Separation is the most common grounds for Divorce. Note that as long as the relationship has ended, a couple can still be considered “separated” while maintaining their residence in the same home.
What is the Next Step?
If you or someone you know is looking to get out of a marriage or relationship, it is important to talk to a family lawyer to consider your options as early in the process as possible.
A lawyer can advise on how to obtain a Divorce on any of the Grounds for Divorce, and on what to do if the parties do not agree on the conditions of the divorce, or even on the idea of getting a divorce at all. It will be necessary to hire a lawyer to help represent you and make sure that your legal rights are upheld.