Divorce under one year waiting period

Any spouse can commence a divorce proceeding at any time. In order to obtain the actual Divorce order, sufficient evidence must be presented to convince a judge that either A. The couple has not been cohabiting as husband and wife for at least one year preceding the granting of the divorce order (even if remaining under the same roof – the couple has not been intimate, not been cooking and cleaning for each other and not been holding themselves out as a couple in public); or B sufficient evidence to convince a judge that there has been adultery; or C. sufficient evidence to prove physical or mental cruelty has occurred of such a nature so as to render continued cohabitation impossible. Usually an uncontested divorce is easiest to achieve by way of a 1 year separation as the opposing party typically will not file anything to oppose that. However if you allege adultery or cruelty and the other party files anything to deny that, then it becomes contested and costly and would require a trial to prove on the weight of the evidence that cruelty or adultery has occurred.