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The grounds for divorce in Canada

The court 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.
Breakdown of a marriage is established only if:

  • 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, the calculation of period of separation being established in the divorce act; or
  • the spouse against whom the divorce proceeding is brought has, since celebration of the marriage committed adultery, or treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

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These documents are not legal opinions.

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