How long does someone have to wait to get divorced after a separation?

March 2020

Legal Moment on FRESH RADIO


 [phone ringing]
Receptionist:Cohen Highley
Announcer:And now the Cohen Highley Legal Moment on Fresh Radio.
Announcer:I’m here with Ken Fraser from the Family Law Department at Cohen Highley Lawyers. How long does someone have to wait to get a divorce after a separation?
Ken Fraser:It’s going to depend on each situation. In the event of adultery or cruelty, it’s possible to have a divorce granted without a waiting period. However, it is rare to see a divorce based on adultery or cruelty as they are often procedural or evidentiary issues that complicate the process.
Announcer:And if it is neither of those?
Ken Fraser: If the desire to be divorced is due to irreconcilable differences, there is a mandatory one year separation period that must be completed before the courts will grant a divorce.
Announcer:Now are you required to live separately during that year?
Ken Fraser: Yes, but you can live in the same house and still satisfy the one year separation requirement. There are several criteria that must be met. It’s best to speak to a lawyer before assuming your circumstances meet those criteria.
Announcer:Thanks Ken. This has been the Cohen Highley Legal Moment.
Singers:Cohen Highley, we’re listening.


Ken practises family law and estate litigation. He attended Laurentian University where he obtained his Bachelor of Arts (Hon.), with distinction, in 2006. Ken attended the University of Western Ontario and obtained his Bachelor of Laws in 2009. While in law school, he was on the Dean’s Honour List. More →