Reasons for divorce in British Columbia

There are three distinct grounds or reasons for divorce in Canada. They include:

• Separated: This is considered the standard, no-fault judgment and the spouses must have lived apart for one year. The divorce may be filed before the year has passed but a decision will not be issued until after one year. It is possible for spouses to live in the same home, as long as at least one of the spouses intends for there to be separation implied. This situation is not usually questioned.
• Adultery
• Cruelty

The second and third grounds for divorce are only available to the person who files, meaning that the one who committed the act cannot petition for divorce. Grounds based on adultery and/or cruelty typically do not have a waiting period, but they are more difficult to establish. It is often impossible to utilize one of those grounds when filing a joint petition.