Technically, it is possible to get a divorce without waiting for one year after the date of separation, but it isn’t as easy as you might think. You will need to seek a divorce on “other grounds,” pursuant to section 8(2)(b) of the Divorce Act (Canada).

Section 8 of the Divorce Act (Canada) outlines what is required to get a divorce in Canada:

Section 8(1): A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

Section 8(2): A breakdown of a marriage is established only if

(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,

(i) committed adultery, or

(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

Adultery and physical or mental cruelty are not uncommon reasons for people to get divorced. Unless the other party is willing to admit in oral testimony or a sworn Affidavit that he or she has been unfaithful or intolerably cruel, most lawyers will advise their clients to wait and seek a divorce on the grounds of being separated for at least one year. Without a admission under oath from the other party, you will likely need to attend a trial and provide evidence of the adultery or cruelty. The trial will be expensive, emotionally painful, and it will probably take close to a year before you can even get to trial.

Unfortunately, a spouse’s wish to re-marry is not a valid ground for an early divorce, and divorces are often rejected if there are outstanding issues regarding child support, including arrears, or the division of the children’s special or extraordinary (“Section 7”) Expenses. If you need a divorce quickly for whatever reason and your spouse has committed adultery or physical or mental cruelty, talk to a lawyer about whether it would be worthwhile to seek a divorce on the “other grounds” listed under section 8(2)(b) of the Divorce Act (Canada) before proceeding down this path.