Either you or your spouse may bring an application for a divorce under s.8(1) of the Divorce Act. The Superior Court of Justice or Unified Family Court are the courts that will hear your case. The three grounds for obtaining a divorce are one year separation, adultery and cruelty. Adultery and cruelty are both difficult to prove in most cases. The most common way to obtain a divorce is after a separation of no less than 12 months with no prospect of reconciliation.
It is best to work with an experienced lawyer. Call us to see how we can help you.