Who does this apply to?
To petition for divorce on these grounds of unreasonable behaviour, you must be able to prove that your spouse behaved in such an unreasonable manner that you cannot be expected to carry on living with them. You have to demonstrate which aspects of their behaviour made living together with your spouse extremely difficult or impossible. That means you need to make allegations against your spouse (the respondent) on your divorce petition. The most common are:
- Physical violence
- Verbal abuse and threats
- Failure to provide for their family
However, the allegations against the respondent need not be this serious for the court to grant a divorce.
- Respondent spends too much time at work
- Lack of common interests
- Incompatible social life
If the accusations made against the respondent are not all that serious then it may be easier to reach an agreement on the divorce.
Want to ask a question ?
For a confidential discussion about your particular situation or requirements, you can contact Peggy Lethier by telephone or email: Contact
To petition for divorce on these grounds of adultery, you must be able to prove that your spouse had sexual relations with a member of the opposite sex, which in turn made living with your spouse unbearable.
Two years’ separation with mutual consent
You can petition for divorce on these grounds if you and your spouse have been living apart for at least two years at the time you apply for divorce, providing that you both agree to it.
Desertion, when a spouse has left the marital home for more than two years
To petition for divorce on these grounds of desertion, you must be able to prove that your spouse has deserted the marital home.
Five years’ separation without consent
To petition for divorce on these grounds, you must be able to prove that your spouse has left the marital home for at least five years at the time of the divorce application.