Legal Basis for Divorce – There are three bases for divorce in Canada: (1) separation for a year; (2) adultery; or (3) physical or mental cruelty. DivorceFile.ca does not assist with the latter category.

Adultery:  You cannot file a simple divorce based on your own adultery, nor can you file a joint divorce based on adultery. The ‘innocent’ spouse must be the one to file for divorce based on adultery. We have encountered one judge (in Brampton) who will not grant an uncontested divorce based on adultery – even if your spouse admits it in writing. If you file based on adultery and a judge requires you to go to trial, the other option at that point would be to just wait until you have been separated for a full year and then file a new Affidavit for Divorce in which you change the legal basis for the divorce from adultery to separation. Additional fees may apply ($50 to $100).

Separation: Click here to read more about separation for a year as the legal basis for your divorce.