The good news is that the restraints made necessary by the COVID-19 will not necessary slow down the process of your separation and divorce – provided you take some active steps to achieve a legal separation in the circumstances.
In the right scenario, under Canadian law you can be considered to be living “separate and apart” even if you still live under the same roof. This can start the clock by setting up an official separation date, which is an important milestone on your way to divorcing.
Ideally, you will want to take steps to clearly delineate your day-to-day lives – for example by sleeping separately, shopping separately and socializing without each other. However, there are a long list of factors that a court will look at in determining the date of separation, which means the exact date will depend on the facts of your case.
If you and your live-in Ex clearly want a divorce but the pandemic has made it impossible for you to physically separate by getting your own residences, you should speak with a lawyer for tailored advice on how to set up the optimal separation scenario in your circumstances.