---
title: "Do You Have to Be Separated a Year Before Divorce in Quebec? ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/do-you-have-to-be-separated-a-year-before-divorce-quebec"
last_updated: "2026-09-15T22:14:36.407Z"
locale: en
meta:
  description: "In Quebec you can file before a year, but the common one-year-separation ground under s. 8 of the Divorce Act must be met before the divorce is granted."
  "og:description": "In Quebec you can file before a year, but the common one-year-separation ground under s. 8 of the Divorce Act must be met before the divorce is granted."
  "og:title": "Do You Have to Be Separated a Year Before Divorce in Quebec?"
---

# Do you have to be separated for a year before divorcing in Quebec?

You do not necessarily have to wait a year to file, but the most common ground for divorce—living separate and apart for at least one year—must be established before the divorce is granted, under section 8(2)(a) of the Divorce Act. Spouses can be considered separated even while living under the same roof if they can show they led separate lives. Section 8(3) governs how the period is computed: the intention to live separately is required, and a reconciliation attempt totalling up to 90 days does not interrupt or reset the one-year clock, whereas a longer resumption of cohabitation does. Other grounds—adultery or cruelty—can support an immediate divorce without the one-year wait.

Divorce Act, ss. 8(2)(a), 8(3) (one year separation; computation)