By Neta, founder of SortMyDivorce · Published
In Canada the short answer is usually yes — one year of separation is the standard route to a divorce. But the details matter more than the headline: when the clock starts, whether you can still share a home, and what happens to property in the meantime.
By Neta, founder of SortMyDivorce · Published
Under the federal Divorce Act, the usual ground is that spouses have lived separate and apart for at least one year. The clock generally starts on the day one spouse communicates the intention to end the marriage and begins acting on it — not on the day papers are filed.
There are two alternative grounds — adultery and cruelty — which don't require the year to pass, but both must be proven with evidence, and they're used far less often. Most people wait out the year because it's simpler, cheaper and less adversarial.
You can usually start the court process before the year is complete; the divorce itself is granted once it has elapsed. Property, support and parenting matters can generally be dealt with during that period.
Yes. Canadian courts recognize that couples separate while continuing to share a home, often for financial reasons or for the children. What matters is whether you've genuinely ended the conjugal relationship, not whether you've physically moved out.
Courts look at the practical picture: separate bedrooms, separate finances, no shared social life as a couple, and whether you've told family or friends. If you're relying on this, keep a note of the date and the changes you made — the separation date drives a great deal of the financial math later.
Not for brief attempts. The Divorce Act generally allows one or more reconciliation periods totalling up to 90 days without restarting the one-year clock — the intent is to encourage people to try, without penalty.
Reconcile for longer than that and the separation period typically starts over. If you're considering a trial reconciliation, it's worth understanding this before rather than after.
There is no national separation requirement in the US. Every state offers no-fault divorce, and most allow you to file immediately on grounds such as irreconcilable differences — subject to a residency requirement (how long you must have lived in the state before filing) and usually a waiting period between filing and final judgment.
A number of states do require a period of living separate and apart before a no-fault divorce can be granted, functioning much like Canada's one-year rule, with lengths that vary considerably. Some states shorten the required period when the couple has no minor children or has a signed settlement-agreement-template">settlement agreement.
Because these rules differ so much, the state-specific answer matters more than any general one. Each of our state guides lists that state's residency requirement, waiting period and grounds in a quick-facts table at the top.
Separation ends the relationship in practical terms and usually starts the clock for property valuation, but you remain legally married. That has consequences: you generally cannot remarry, and depending on the wording, spousal status may persist for some benefits and insurance.
Divorce ends the marriage legally. Notably, in most provinces property and support issues are resolved on separation rather than waiting for the divorce — which is why many separation agreements are signed long before any divorce is granted.
If you weren't married, there's no divorce to obtain and no one-year rule — but property rights vary dramatically by province, and this is where costly assumptions get made.
British Columbia generally treats spouses who have lived together for at least two years much like married spouses for property division. Alberta's adult interdependent partner rules also extend property provisions. Ontario, by contrast, gives common-law partners no automatic property division right, though claims based on contribution may be available, and support obligations can arise regardless of province. Check your own province's rules rather than assuming they match a friend's experience elsewhere.
Generally one year of living separate and apart, under the federal Divorce Act. The same rule applies nationally, though provincial procedures differ. Adultery and cruelty are alternative grounds that don't require the year, but must be proven.
It depends entirely on the state. Many states have no separation requirement at all and allow immediate no-fault filing, subject to a residency requirement and a waiting period before the divorce is finalized. Others do require a defined period of living separate and apart, sometimes shortened where there are no minor children or where a settlement agreement is signed. Check your state's specific rule.
Yes. Courts accept separation within one home where the conjugal relationship has genuinely ended — separate rooms and finances, no shared social life as a couple. Document when the change happened, since the separation date affects the financial calculations.
No. However long you've been separated, a divorce only happens when someone applies and a court grants it. Couples can remain separated for many years without being divorced — but property and support claims may be affected by long delays, so advice is worth getting.
It isn't required, but it's common and often sensible. A separation agreement resolves property, support and parenting matters, which are the substance of most disputes; the divorce itself then becomes largely administrative.
The one-year divorce rule is federal and consistent across Canada. What differs by province is property division, the treatment of common-law relationships, and court procedure — which is why our province guides set out the local rules separately.
Last reviewed July 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
It anchors valuations, deadlines and entitlements — and it's usually established in the letters. SortMyDivorce keeps every date and the quote that proves it. $39/year.
This guide is general information, not legal advice. Laws change and differ by jurisdiction — confirm specifics with a local family lawyer or your court's official website. If you use SortMyDivorce, your letters stay confidential — never shared, never sold.