For other protection and help available to an abused spouse, see Chapter 10 . The court usually orders the spouse who has been unsuccessful in the court to pay part, or sometimes all, of the legal costs of the successful spouse. For example, a spouse who has refused to pay a reasonable amount of support may be ordered to pay costs, or a spouse who has been uncooperative about financial disclosure may have to pay costs. An application for divorce can be made in a province only if one of the spouses has been a resident of the province for the last year or more. TOP Usually one spouse files the application for divorce, called a petition, although the Divorce Act allows spouses to file the petition together.
Some spouses feel a joint petition is more appropriate where they are in agreement on all issues.
Grounds for Divorce TOP Spouses cannot obtain a divorce simply by agreeing to it. The court must be given proof that marriage breakdown has occurred. Separation of One Year or More TOP Either or both spouses may apply for a divorce on the ground of marriage breakdown due to a separation of a year or more. The separation does not have to be a joint decision it does not matter if only one spouse wants the separation as long as a separation actually occurred. A petition can be filed in court before the full year of separation has passed, as long as the spouses are actually separated at the time the divorce petition is filed.