Divorce 101 FAQs

When can I get divorced?

Typically you can get divorced one year after you and your spouse decide to live separate and apart. This means the date on which you both decide your relationship is over. This does not have to be the same date on which you stopped living together.

Sometimes parties can live apart under the same roof, and sometimes they can still cohabitate even if they live in separate locations. The courts look at various objective factors to determine if the parties are living apart or not.

Some of the criteria that judges consider when determining when a couple began ‘living separate and apart’ are:

(a) Physical separation;




(e) Absence of joint social activities;

(f) Meal pattern;

(g) Performance of household tasks;




Typically you and your spouse will agree on a date of separation for use in your divorce papers. If you cannot agree, you may need to have a judge decide for you.