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Grounds For Divorce In Canada: One of Three Conditions

Under the Divorce Act of Canada, there is a single ground for divorce called “breakdown of marriage”. This must be established by showing the existence of one or more of only three of the following conditions:

• The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceedings and were living separate and apart at the commencement of the proceedings.
• The other spouse has committed adultery.
• The other spouse has subjected the spouse filing the Application to physical or mental cruelty of such a kind and degree as to render intolerable any continued cohabitation of the spouses.

Even though the above three conditions of marital breakdown are available, in practice the one commonly used is living separate and apart for at least one year preceding the hearing of the Application for Divorce. Adultery is rarely used as is cruelty.

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