The Divorce Act says that you can ask for a divorce if there has been a “breakdown of marriage.” A breakdown in marriage can occur in one of three ways: You and your spouse have been separated for at least one year with no chance of getting back together. If you get back together for 90 days or less and then separate again, this short reconciliation does not interrupt or stop the one-year period. If you get back together for more than 90 days and then separate again, you will have to wait another year before filing for divorce. Your spouse committed adultery (has sexual relations with someone else while you are still married). Your partner treated you cruelly. These are called the “grounds for divorce”. Last updated: March 2021