Divorce proceedings in Canada are governed by the federal Divorce Act (DA).  Section 2(1) of the DA defines a divorce proceeding as a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order.

According to section 8(1) of the DA, a court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

The DA at section 8(2) states that a breakdown of a marriage is established only if:

(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,

(i) committed adultery, or

(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable

the continued cohabitation of the spouses.

The breakdown of a relationship can be challenging.  There are many factors to consider and important decisions to be made.  If you need assistance navigating the divorce process, contact our office to schedule a consultation.