Usually, the court will not grant a divorce order until a couple has been separated for one year (unless you are applying for divorce under one of the other grounds listed above). However, if you have children and need child or spousal support, you usually cannot wait one year to deal with these issues. Couples have two options: Start divorce proceedings right away under the Divorce Act. The court will not grant a divorce until the year is up, but it will grant interim (temporary) orders to deal with parenting and support issues. When the year is up, the court grants a divorce order, which includes ‘final’ decisions on parenting and support issues. Deal with parenting and support issues under provincial family laws. When the year is up and these issues have been resolved, the couple can start divorce proceedings under the Divorce Act. The court will look at the other orders and incorporate them into a final divorce order. Final orders are never really final! Orders that deal with parenting and support will likely need to be updated as circumstances change, such as children growing up. Last updated: March 2021