Grounds for Divorce

In Ontario, the only ground for divorce is that there has been a breakdown of the marriage (Divorce Act, section 8(1)). The Divorce Act defines a breakdown of a marriage to be one of three things:

• Both parties to the divorce proceedings have lived separate and apart for at least one year immediately before the determination of the divorce proceeding. The parties also had to be living separate and apart at the beginning of the proceeding;
• A spouse who has committed adultery; or,
• A spouse who has caused physical or mental cruelty to his/her spouse to the point where it would be deemed impossible for the parties to continue to live together.

Section 10 of the Divorce Act explains that the court has a duty to recognize when there is a possibility of reconciliation between the two parties to the divorce proceeding, and when present, must interfere and either adjourn the proceeding to allow the spouses the opportunity to reconcile, or nominate a “person with experience or training in marriage counselling or guidance” with the consent of both parties.

To learn more about the grounds for divorce in Ontario as well as the services provided by Krol & Krol, call 905.707.3370 today.