In Canada, there is only one ground for divorce - and you don't need his agreement to get a divorce. In fact, in Canada, if he agrees to the divorce, it simply means that he doesn't bother to respond to your divorce petition.

The single ground for divorce is: if there has been a break down of the marriage.

There are three ways to prove that:
1. Separation for a year
2. Adultery
3. Cruelty

So in theory, a woman whose husband tried to kill her could get a divorce on grounds of cruelty. However, by the time she got through the courts, a year is likely to have passed and since separation for a year is easier to prove in court and since you can commence divorce proceedings the moment you separate, it is very unlikely that your lawyer will advise you to get a divorce on grounds of cruelty.

In fact, when the Divorce Act was amended twenty years ago, the drafters wanted to take adultery and cruelty out of the legislation all together (since the one year separation was likely to be up by the time anything got to trial). The only reason they left those two in the legislation was because they figured the public wouldn't understand if you couldn't get a divorce for adultery or cruelty.

On the other hand, if he has already been convicted of trying to kill you, it is possible that you could get a divorce before the year is up. But unless he's planning to plead guilty, the likelihood that he's going to get a trial date, be convicted and (if he's really fighting it), exhaused his appeal options in less than a year is unlikely.

wave

[Edit to add: Make up your own laws. After all, this is New Troy. If you need some help drafting a law that's believable, send me an email and I'll give you a hand]


She was in such a good mood she let all the pedestrians in the crosswalk get to safety before taking off again.
- CC Aiken, The Late Great Lois Lane