Divorce law is governed by the Federal government under the Divorce Act. The Act stipulates that there is fundamentally only one ground for divorce and that is “marital breakdown”. Marital breakdown can be proven in three ways:
1. You and your spouse have lived separately for the period of one year – The one year must have elapsed when the divorce judgment is rendered but you can begin the process of divorce immediately after separation.
2. Your spouse has committed adultery – Adultery is most easily proven by way of an admission (in an affidavit) by the spouse who committed the adultery. If such an admission is not given, you can bring forward any proof that shows a high probability that adultery occurred (i.e. proof your spouse spent the night with another person).
3. You have been treated with intolerable cruelty (mental or physical) by your spouse – Cruelty as a ground for divorce is difficult to establish. In order to be granted a divorce on this ground you must prove to the court that the cruelty was of a “grave and weighty” nature.