What are the grounds for divorce in Quebec?

There is only one ground for divorce in Canada: breakdown of the marriage. This can be established by living separate and apart for at least one year, by proving adultery by the other spouse, or by demonstrating physical or mental cruelty. The one-year separation is by far the most commonly used basis.

How long do I need to live in Quebec before I can file for divorce?

Under the Divorce Act, at least one spouse must have been ordinarily resident in a Canadian province for a minimum of one year immediately before filing the divorce application. If you have lived in Quebec for at least one year, you may file in a Quebec court.

How is property divided in a Quebec divorce?

Quebec uses a civil law system. The family patrimony — which includes family residences, household furnishings, family vehicles, and retirement plan benefits accrued during the marriage — is divided equally between spouses. Additional property is divided according to the couple's matrimonial regime, which is the partnership of acquests by default.

How are parenting arrangements determined in Quebec?

Parenting arrangements, including parenting time and decision-making responsibility, are determined based on the best interests of the child. Courts consider factors such as the child's needs, the strength of each parent's relationship with the child, and any history of family violence. Parents are encouraged to reach agreements through mediation.

How much does it cost to file for divorce in Quebec?

Court filing fees range from approximately $108 to $335 depending on the type of application, plus a $10 federal registration fee. These figures are as of February 2026 and should be verified with the local court clerk. Legal fees are additional and vary depending on the complexity of the case.

How long does a divorce take in Quebec?

If relying on the no-fault ground, you must be separated for at least one year before the divorce can be granted. An uncontested divorce may be finalized within a few months after meeting this requirement. Contested divorces can take considerably longer, sometimes several years. The divorce takes effect 31 days after the judgment.

Is mediation required for divorce in Quebec?

While mediation is not strictly mandatory, Quebec offers a publicly funded Family Mediation Service that provides initial free mediation sessions for couples with dependent children. Courts strongly encourage parents to use mediation to resolve disputes about parenting arrangements and other issues before proceeding to litigation.

Divorce in Quebec: A Complete Guide

Q: Can I file for divorce in Quebec while still living with my spouse?

Yes, it is possible to be considered 'living separate and apart' while still residing under the same roof, provided you can demonstrate that the marital relationship has genuinely ended. However, this can be more difficult to prove and you should seek legal advice if this applies to your situation.

Introduction

Divorce in Quebec is shaped by a distinctive intersection of federal and provincial law. While the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) governs the divorce itself, the division of property and many related family-law matters fall under Quebec's civil law system as set out in the Code civil du Québec (C.c.Q.). This makes Quebec unique among Canadian provinces, all of which otherwise operate under common-law traditions for property matters.

Whether you are just beginning to consider separation or are ready to file, this guide will walk you through the key legal concepts, procedural steps, and costs involved in obtaining a divorce in Quebec. It is designed as a general educational resource — not as a substitute for qualified legal advice tailored to your specific circumstances.

Grounds for Divorce

Under section 8 of the Divorce Act, there is only one ground for divorce in Canada: breakdown of the marriage. However, a breakdown of the marriage can be established in three different ways:

1. Separation for at Least One Year

The most commonly relied-upon basis is that the spouses have lived separate and apart for at least one year prior to the granting of the divorce. It is important to note that you do not need to wait a full year before filing your application — you may file as soon as you separate — but the divorce cannot be granted until the one-year mark has passed. In some situations, spouses may even be considered to be living "separate and apart" while still residing under the same roof, provided they can demonstrate that the marital relationship has genuinely ended.

2. Adultery

A spouse may seek divorce on the ground that the other spouse has committed adultery. If you rely on this ground, there is no requirement to wait for a one-year separation period. However, the spouse alleging adultery must provide sufficient evidence, and you cannot rely on your own adultery as a ground.

3. Physical or Mental Cruelty

A divorce may also be granted where one spouse has treated the other with physical or mental cruelty of such a kind that it renders continued cohabitation intolerable. Like adultery, this ground removes the need for a one-year separation period, but the threshold for establishing cruelty is significant and must be supported by evidence.

In practice, the vast majority of divorces in Quebec — and across Canada — proceed on the basis of a one-year separation. The fault-based grounds of adultery and cruelty tend to add complexity, cost, and emotional strain to the proceedings.

Residency Requirements

Under section 3 of the Divorce Act, at least one spouse must have been ordinarily resident in a Canadian province for at least one year immediately before the divorce application is filed. In Quebec, this means that you or your spouse must have been living in the province for a minimum of one year before you commence proceedings in a Quebec court.

If both spouses live in different provinces, the application is generally filed in the province where the applying spouse resides — provided the one-year residency requirement is met. If both spouses file in different provinces, the case filed first typically takes priority.

Property Division

Quebec's approach to property division upon divorce is unique in Canada because it is governed by the civil law system of the Code civil du Québec (C.c.Q.) rather than by common-law principles. There are several layers to property division in Quebec, and understanding them is essential.

Family Patrimony (Patrimoine familial)

Since 1989, Quebec law has mandated the equal division of the family patrimony between spouses upon divorce, regardless of who holds title to the assets. The family patrimony includes:

The family residences and any rights that confer use of them
Household furnishings that serve the family and that furnish or decorate the family residences
Motor vehicles used for family travel
Benefits accrued during the marriage under retirement plans (including pensions and RRSPs)

The net value of these assets — after deducting debts related to their acquisition or improvement — is divided equally. This division is mandatory and applies to all married spouses in Quebec; it cannot be contracted out of by a prenuptial or marriage agreement.

Matrimonial Regime

Beyond the family patrimony, each couple in Quebec is subject to a matrimonial regime that governs how the rest of their property is treated. If no marriage contract was signed, the default regime is the partnership of acquests (société d'acquêts). Under this regime, property acquired during the marriage (acquests) is generally shared equally, while property owned before the marriage or received by gift or inheritance (private property) remains with the original owner.

Couples who signed a marriage contract may be subject to a different regime, such as separation as to property (séparation de biens), under which each spouse retains ownership of their own property. The specific terms of any marriage contract will be critical in determining how assets beyond the family patrimony are divided.

Compensatory Allowance

Quebec law also provides for a compensatory allowance where one spouse has contributed — through labour, money, or other means — to the enrichment of the other spouse's patrimony. This mechanism helps address situations where one spouse's contributions (for example, working in the other's business or supporting the household to allow the other to build their career) are not adequately reflected in the standard property division.

Parenting Arrangements

When divorcing spouses have children, establishing appropriate parenting arrangements is often the most important — and most sensitive — part of the process. Under the Divorce Act, the court's primary consideration is the best interests of the child.

Decision-Making Responsibility

Decision-making responsibility refers to the authority to make significant decisions about a child's welfare, including those related to health, education, culture, language, religion, and significant extracurricular activities. Decision-making responsibility may be allocated to one parent or shared between both parents, depending on what serves the child's best interests.

Parenting Time

Parenting time refers to the time each parent spends with the child. Courts in Quebec consider a wide range of factors when determining parenting time schedules, including the child's needs, the ability of each parent to care for the child, the child's existing relationships, and any history of family violence.

Factors Considered

The court will look at a comprehensive list of factors, including but not limited to:

The child's physical, emotional, and psychological needs
The nature and strength of the child's relationship with each parent and other significant people
Each parent's willingness to support the child's relationship with the other parent
The child's views and preferences, given the child's age and maturity
Any history of family violence and its impact on the child and the parent's ability to care for the child
Cultural, linguistic, religious, and spiritual upbringing and heritage

Parents are strongly encouraged to reach agreements on parenting arrangements through negotiation or mediation. In Quebec, the Family Mediation Service provides up to five free mediation sessions (or more depending on the number of children) for couples with dependent children. This publicly funded service is designed to help parents resolve disputes outside of court.

Spousal Support

Spousal support (also called alimony or pension alimentaire in Quebec) may be awarded to either spouse upon divorce. The purpose of spousal support is to address economic disadvantages arising from the marriage or its breakdown.

Determining Spousal Support

Courts consider several factors when determining whether spousal support should be paid, including:

The length of the marriage
The roles each spouse assumed during the marriage
The financial means and needs of each spouse
The ability of each spouse to become self-sufficient
Any agreements between the spouses

The Spousal Support Advisory Guidelines (SSAGs), while not binding legislation, are widely used by Quebec courts to calculate suggested ranges for the amount and duration of support. These guidelines provide formulas based on income, length of marriage, and the presence of dependent children.

Filing Process

The steps to file for divorce in Quebec generally proceed as follows:

Step 1: Determine Your Approach

Decide whether you will pursue a joint application (where both spouses agree on all terms) or a contested application (where one spouse files and the other responds, and the court may need to resolve disputed issues). Joint applications are typically faster, less expensive, and less adversarial.

Step 2: Prepare Your Documents

You will need to prepare an originating application (or joint application), along with supporting documents. These commonly include a marriage certificate, birth certificates for any children, financial disclosure documents, and a draft agreement or proposed parenting plan. Quebec courts require detailed sworn financial statements from both parties.

Step 3: File with the Superior Court

Divorce proceedings in Quebec are filed with the Superior Court of Quebec (Cour supérieure du Québec). You will file your application at the courthouse in the judicial district where you or your spouse resides.

Step 4: Serve the Other Spouse

If the application is not joint, you must have the documents formally served on your spouse according to the rules of the Code of Civil Procedure.

Step 5: Attend Court Proceedings

Depending on whether the divorce is contested or uncontested, you may need to attend one or more court hearings. In an uncontested divorce, a single hearing may suffice. Contested matters may require multiple appearances, case conferences, and potentially a trial.

Step 6: Obtain the Judgment

Once the court is satisfied that the grounds for divorce are met and all related issues (property, parenting arrangements, support) have been resolved, a divorce judgment is issued. The divorce takes effect 31 days after the date of the judgment, unless both parties waive the appeal period.

Timeline and Costs

Timeline

Separation period (no-fault): 1 year of living separate and apart before the divorce can be granted
Fault-based grounds (adultery or cruelty): No separation waiting period required
Uncontested divorce: Often resolved within a few months after the one-year separation period is met
Contested divorce: Can take one to several years depending on the complexity of the issues
Post-judgment waiting period: The divorce becomes effective 31 days after the judgment is rendered

Costs

Court filing fees: Approximately $108 to $335 depending on the type of application, plus a $10 federal registration fee (as of February 2026 — verify current fees with the clerk of the Superior Court in your district)
Legal fees: These vary widely depending on whether the divorce is contested or uncontested, the complexity of the issues, and the lawyer's rates. An uncontested joint divorce may cost a few thousand dollars in legal fees, while a contested divorce can cost tens of thousands of dollars or more
Mediation costs: Quebec's Family Mediation Service covers the cost of the initial sessions for eligible families with children, which can significantly reduce overall expenses

Legal Disclaimer

This guide is provided for general informational purposes only and does not constitute legal advice. Family law matters are complex, and the information presented here may not reflect the most recent legislative changes or court interpretations. Every situation is unique, and outcomes can vary significantly depending on the specific facts and circumstances involved. You should consult a qualified family law attorney licensed to practise in Quebec before making any decisions regarding your divorce or related legal matters. No solicitor-client or attorney-client relationship is created by reading or relying on this guide.