Spouses in Ontario who want to divorce may file an application under the federal Divorce Act. Generally, the spouses need to be legally married under Canadian laws or recognized as legally married in Canada. One of the spouses also needs to have lived in Ontario for an entire year prior to applying.
The only reason that two spouses may divorce is because of a breakdown in their marriage. According to the Divorce Act, a marriage breakdown occurs when the spouses have lived apart for at least one year, if one spouse was mentally or physically cruel to the other, or if one spouse commits adultery. It is possible to qualify for a divorce if the spouses live separately but under the same roof. They may also try to live together again in an attempt to reconcile up to 90 days prior to or after filing an application. The action can continue as usual if the reconciliation does not work.