Legal Basis for Divorce – There are three grounds for divorce in Canada: (1) separation for a year; (2) adultery; or (3) physical or mental cruelty. ezDivorce does not assist with the latter category.
To use ezDivorce your divorce must be based on separation (read more below) or adultery, but only where the spouse who committed the adultery will admit to it in writing.
Separation – The Divorce Act requires that you have been ‘living separate and apart’ for one year. You can file for divorce any time after you separate, however the court will not finalize the divorce until you have been separated for a year.
To legally separate, spouses don’t have to go through a formal process or get a legal document. Only one spouse has to want to live “separate and apart” from the other. This means that the spouse has decided to end the marriage and is behaving in a way that shows they want to end the marriage.
Spouses do not need to live in different homes to legally separate. Spouses can “live separate and apart under the same roof” which means they both live in the same home but don’t do things together, like sleep, go out, cook, or eat. Click here to read more about this subject.
Note: If you attempt to reconcile for more than 90 days and then separate again, your date of separation changes to the new date that you separated again.
Filing for Legal Separation? – This is a myth – there is no such thing as ‘filing for separation’ in Ontario. You are legally separated when the marriage breaks down and you are ‘living separate and apart’ (see above).
Proof of Separation– I an uncontested or joint divorce, the only ‘proof’ of separation required by the court is your sworn affidavit stating when you separated.
Separation Agreement – The courts do not require that you have a separation agreement – however any lawyer would recommend that you have one – particularly where you have minor children and/or you own property that must be divided. Click here to read more.
Adultery: Click here to read more about a divorce based on adultery.