What are the grounds for divorce in Quebec?
Short answer
In Canada, the only ground for divorce is breakdown of the marriage, which is established in one of three ways: separation for at least one year, adultery, or physical or mental cruelty. Any one of those three is enough.
In detail
The Divorce Act is a federal statute that applies across Canada, Quebec included. Breakdown of the marriage is the only ground, and one year of separation is by far the most commonly used route because it requires proving no fault.
One important practical detail: during the one-year separation period, the spouses may resume living together for a total of up to 90 days, before or after the application is filed, for the purpose of attempting a reconciliation, without the count of the year starting over.
You do not have to wait until the full year has gone by to file an application for divorce, but judgment can only be granted on that basis once the year has elapsed. Note as well that even in a joint application for divorce, evidence is still required — there is no exception to that requirement.
What to document
The exact date on which you stopped living together, and what establishes it: a new lease, a change of address, separate bank statements, messages acknowledging the breakup. If you attempted a reconciliation, note the start and end dates of each period of resumed cohabitation so that you stay under the 90 days.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.))
- Department of Justice Canada — How to apply for a divorce
- JuridiQC — The main steps of a divorce
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.