I want a divorce. Is the one-year separation period mandatory?

It depends on your current situation and your reason for seeking a divorce. If you’re being physically and emotionally abused by your partner, it may be possible to be granted a divorce more quickly. However, you have to prove these grounds in court, which requires convincing circumstantial evidence.

If, on the other hand, your only reason for seeking a divorce is some disagreement between you and your spouse, the one-year period must be fulfilled. Sometimes it is possible for the two of you to live under the same roof but be considered to be living separately for the purposes of divorce. Talk to your family lawyer for any questions regarding the Divorce Act.