How long do we have to be separated before filing for divorce?

How long do we have to be separated before filing for divorce?

Under the Divorce Act, you must be separated for at least one full year (365 days) before a judge can grant a final Divorce Order. However, you do not have to wait a year to finalize your finances or parenting plans. You can negotiate, sign, and begin living by your Separation Agreement the day after you separate.

Explore court-free divorce options with Legal Boutique

Ready to move things forward? Get started with Legal Boutique and book mediation to finalize terms first—so your divorce filing is smooth and uncontested.

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Based in Whitby, Serving the GTA & All of Ontario Remotely

Located in the heart of Whitby and proudly serving the Durham Region, Legal Boutique provides accessible family mediation services without the commute. While we regularly assist clients locally in Oshawa, Ajax, Pickering, and Clarington office we also offer vurtual mediation to serve the entire Greater Toronto Area (GTA) and beyond.


More Frequently Asked Questions

How do I prove our separation date to the court?

If your date of separation is challenged, the court looks for "external markers" of a breakup. This includes moving into separate residences, changing your marital status on CRA filings, notifying bank or insurance providers, or—most importantly—having that date...

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Areas We Serve

We have optimized our practice to serve the Greater Toronto Area (GTA) and the entire province of Ontario virtually. Whether you are avoiding the commute from Toronto or Markham, or seeking assistance from Ottawa or London, our secure remote process ensures you receive the same high-quality mediation services from the comfort of your home.

Local (In-Person or Remote)

  • Oshawa
  • Ajax
  • Pickering
  • Brooklin
  • Bowmanville & Courtice

Greater Toronto Area (GTA)

  • Toronto & Scarborough

  • Markham & Richmond Hill

  • Vaughan

  • Mississauga

  • Brampton

  • Newmarket

Ontario-Wide (Remotely)

  • Ottawa

  • Hamilton

  • London

  • Kingston

  • Barrie

  • Sudbury & North