In Canada, divorce is governed by a federal act known as the Divorce Act. Under the Divorce Act a divorce may be granted on grounds of separation for one year, adultery or mental and/or physical cruelty. Parties are considered separated when there has been a breakdown of the marriage. The vast majority of divorces are granted based on separation for one year. Where there are children entitled to support a Court will not grant a divorce unless it is satisfied that reasonable arrangements have been made for the support of the children. This means that the party applying for the divorce will need to establish that child support is being paid in accordance with the Child Support Guidelines.
An uncontested divorce is a divorce where there are no other issues between the parties.