Grounds for divorce in Ontario

The federal Divorce Act recognizes one ground for divorce in Canada — marriage breakdown — and it can be proved three ways: one year of separation, adultery, or cruelty. Almost every Ontario divorce is granted on the one-year separation ground because it requires no proof of fault, no testimony, and no contested evidence. Fault grounds are available but rarely worth using. Ontario family courts grant about 95% of divorces on the separation ground alone (Department of Justice, About divorce in Canada).

The three grounds are set out in section 8(2) of the Divorce Act. The court chooses one ground per divorce, and you list it in the divorce application. There is no benefit to listing multiple grounds — one is enough, and the simplest one wins.

When this does apply

The one-year separation ground applies to nearly every Ontario divorce. You and your spouse have lived separate and apart for at least one year by the time the divorce is granted (see the one-year separation rule for the detail). No fault has to be proved, no testimony is required, and the application moves through court as a paperwork file. Adultery and cruelty grounds apply when one spouse has committed adultery or has treated the other with physical or mental cruelty of such a kind as to render continued cohabitation intolerable. In both cases, the alleging spouse has to prove it — usually through affidavit evidence and sometimes through cross-examination — which is why they are rarely used in practice.

When this doesn't apply

The fault grounds do not apply if the alleging spouse condoned (forgave and resumed cohabitation with) the conduct, or if there is collusion between the spouses to manufacture grounds. The separation ground does not apply if the parties have not actually lived separate and apart in substance — sharing meals, finances, and bedroom does not get you to "separation," even if you call yourselves separated. Ontario courts look at the substance of the relationship, not the label. None of the grounds change how parenting, support, or property are decided. Fault has no effect on the Federal Child Support Tables calculation, on spousal-support entitlement, or on equalization of net family property — those run on their own rules under the Family Law Act.

What to do

For nearly every Ontario man, the right ground to plead is one year of separation. It is the cleanest path through court: no evidence required, no cross-examination, no contested affidavits. File the application before the year is up if you want the file already in front of a judge by the time the year elapses, but use the separation ground regardless. If you think you have a real adultery or cruelty case and want to use it to avoid the year, talk to a family-law lawyer first — the cost of proving the ground often exceeds the cost of just waiting.

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