Disclaimer: This article aims to provide educational information surrounding divorce. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
Getting a divorce can feel like a daunting journey. Navigating Ontario’s legal system can be complex, and it can be hard to find reliable information that will help you protect your interests.
Additionally, the reality is that you are making a significant change for your family. You may be balancing your own emotions with those of your children.
The most important thing to remember is that each family is unique. That is why we encourage you to speak with our team so that we can give you tailored advice and explain how the law applies to your specific circumstances.
However, this article is designed to answer many of the most common questions that people have about getting a divorce, including:
– What laws govern divorce in Canada?
– Who can get a divorce in Ontario?
– What are the grounds for divorce?
– How long does it take to get divorced?
– What is a simple divorce (or uncontested divorce)?
– What is the divorce process in Ontario?
– How can I avoid going to family court?
– What if my spouse won’t sign the separation agreement?
– What should I expect when meeting with a divorce lawyer?
What laws govern divorce in Canada?
Divorce in Canada is governed by the Divorce Act, a federal act that applies to all legally married couples and covers issues like child and spousal support and parenting terms.. In Ontario the Family Law Act covers issues like property division. Together, these laws ensure that all aspects of divorce are addressed.
Who can get a divorce in Ontario?
To file for divorce in Ontario, you must:
- Be legally married (in Canada or another country).
- Have lived in Ontario for at least one year.
- Have a valid reason for the divorce, as discussed below.
This guide applies specifically to individuals who are legally married. While they share some rights, there is no legal “divorce” for common-law relationships in Ontario. Learn more about common law relationships in this article.
The Civil Marriage Act provides an exception for same-sex couples married in Canada but living in countries where their marriage is not legally recognized. If neither spouse lives in Canada and cannot obtain a divorce in their home country, Ontario courts may grant a divorce if:
- The spouses have lived apart for at least one year, and
- They have resided for at least one year in a country that does not legally recognize their marriage.
Learn more about the rights of same-sex marriages.
What are the grounds for divorce?
There are three grounds for divorce in Canada:
- Separation for at least one year, with the intention that the marriage is over
- Adultery by one spouse.
- Cruelty, which means one spouse has treated the other with physical or mental cruelty.
When it comes to separation, there can be some disagreement about when your separation actually began. Was it when one of you left the family home? What if you reconcile and then separate again? This article talks about your date of separation and why it is so important.
How long does it take to get divorced?
The timeline begins with a mandatory separation period. That period is one year after the date of separation unless the divorce is based on adultery or cruelty.
When both parties agree on all terms, the process can take a few months to complete after filing, as the court reviews and approves the paperwork.
However, if there are unresolved issues and you need to go to trial—such as disputes over property, support, or parenting arrangements— it may take much longer. You will have to attend a case conference, a settlement conference, a trial management conference, possible motions for temporary orders, followed by trial.
You also need to consider that there may be delays at the Superior Court.
What is a simple divorce (or uncontested divorce)?
A simple divorce – or uncontested divorce – is a divorce where both parties agree on all of the issues, such as parenting arrangements and the division of property. You can file your divorce application online and may even have it finalized without attending court.
Unlike a contested divorce, a simple divorce typically moves through the legal system more quickly since both spouses agree on all terms, including parenting arrangements, spousal support, and property division.
What is the divorce process in Ontario?
There are several steps to legally ending your marriage. We will outline them briefly below.
Get your marriage certificate, financial disclosure and other information together.
The first step is to get all of your information together. Gather such documents as your marriage certificate, financial disclosure, details about children (if any), assets, and debts. The more accurate your records are, the more smoothly things will go. Read this article to learn more about what to expect during your first meeting with a family lawyer.
File Your Application
Your lawyer will then file a divorce application at the courthouse. You may apply jointly with your spouse (joint divorce) or alone (simple or contested divorce). Your lawyer will ensure all required forms, such as Form 8: Application are completed and submitted.
Serve Your Spouse
After filing, your legal professionals will have your spouse served with the application and supporting documents. They will also file proof of service with the court.
Respond to the Application
If served, your spouse can file an Answer (Form 10) within 30 days (or 60 days if served outside Canada or the U.S.). If they fail to respond, you can proceed with an uncontested divorce.
Attend Court Conferences
If your case involves disputes, court conferences are an essential part of the process. Each conference serves a specific purpose:
- Case Conference:
The first conference helps clarify issues, discuss the next steps, and set deadlines. The judge may order financial disclosure, recommend mediation, or identify areas for settlement. - Settlement Conference:
This conference focuses on negotiation and resolution. The judge assists in narrowing disputes, provides feedback on potential trial outcomes, and facilitates discussions to reach an agreement. - Trial Management Conference:
If no settlement is reached, this conference ensures the case is ready for trial. It addresses procedural matters such as trial scheduling, evidence presentation, and witness lists.
Your legal team will prepare and serve relevant documents for each conference, including conference briefs and financial disclosures, and file a Confirmation of Conference (Form 17F or Form 14C) at least three days before the date. Learn more about case conferences.
Attempt Settlement or Mediation
Throughout the process, you’ll have opportunities to resolve your case through negotiation or alternative dispute resolution methods, such as mediation. Settlements can save time, costs, and stress. Even if you cannot resolve all of your outstanding issues, there will be fewer matters to determine at trial.
Proceed to Trial
If settlement conversations and mediation do not resolve all of the matters, the case may proceed to trial. Here, a judge will review all evidence and make a final decision. Family law matters are heard at the Superior Court of Justice.
Obtain a divorce order and a divorce certificate.
Once the judge signs a divorce order, you can obtain a divorce certificate 31 days from the date of the divorce order. You are legally divorced 31 days after the judge has signed the divorce order.
Legal considerations during your separation and divorce
You and your spouse must resolve many considerations before finalizing your divorce.
Child decision-making responsibility and parenting time
In Ontario, child decision-making responsibility and parenting time arrangements are made based on the child’s best interests. Decision-making responsibility (formerly custody) refers to the parent’s responsibility for making decisions in education and healthcare. Parenting time (formerly access) refers to time spent with the child.
The courts will consider factors such as the child’s best interests, needs, the ability of each parent to care for the child, and any history of abuse or family violence when determining parenting time and decision-making responsibility.
When it comes to children, many people think of their pets as family. However, read our article on the topic to learn how the law treats pets in a divorce.
Child Support
Child support is determined by the Federal Child Support Guidelines, which calculate the amount based on the paying parent’s income and the number of children.
In addition to base support, parents may share extraordinary expenses such as medical bills, extra-curricular activities or childcare. Learn more about extraordinary expenses (also referred to as Section 7 expenses).
Spousal Support
Spousal support helps address financial inequality after a separation, especially when one spouse cannot fully support themselves. The courts will look at such factors as the length of your marriage, incomes of each spouse, each spouse’s contributions (financial and otherwise), what the recipient needs, and what the paying spouse can afford.
Division of Property and Assets
In Ontario law, property division is guided by a basic principle: both spouses have an equal right to share in the value of assets acquired during the marriage.
Each spouse’s net family property (NFP) is calculated by determining a person’s increase in net worth by determining a party’s net worth on the date of marriage (asset minus debts) and their net worth on the date of separation (assets minus debts) and determining the difference between the two. This is their NFP. If one spouse has a higher NFP, they may need to compensate the other to equalize the division.
Certain assets like inheritances may be excluded from this calculation as long as they haven’t been mixed with marital property. To learn more about what is considered excluded property, read our article.
Your spouse may have also been your business partner. Learn more about how to approach your divorce in this article.
How Can I Avoid Going to Family Court?
We get it—going to court is often stressful, expensive, and time-consuming. The good news? You don’t have to. There are effective alternatives to traditional litigation that focus on finding solutions without the conflict and cost of a trial.
Mediation is a flexible and respectful way to resolve disputes. A neutral mediator helps guide you and your spouse toward an agreement that works for everyone. The process is interest-focused, meaning it prioritizes solutions that meet the needs of both parties.
The benefits include:
- It’s faster and more cost-effective than going to court.
- You maintain control over decisions instead of leaving them to a judge.
- You can preserve a better relationship with your soon-to-be ex-spouse.
Collaborative family law takes a modern approach to resolving disputes. It’s a team process where you, your spouse, and specially trained collaborative lawyers work together to reach an agreement. Everyone commits upfront to staying out of court, fostering open communication and problem-solving.
There are many benefits, including:
- Having guidance from your legal team and remaining in control of the process.
- Focusing on cooperation, not confrontation.
- Focusing on both the financial and emotional aspects of your separation.
By choosing mediation or collaborative family law, you can move forward with less conflict, more flexibility, and greater peace of mind.
Learn more about collaborative family law and mediation by clicking the links herein.
I want a divorce, but my spouse won’t sign the separation agreement. Now what?
If your spouse refuses to sign a separation agreement in Ontario, the divorce process doesn’t have to stop. Your options include renegotiating the terms, seeking mediation with a neutral third party, or, if all else fails, going to court.
Learn more about why your spouse may be hesitant and how you can move forward.
What to expect when meeting with a divorce lawyer
To make the most of your initial meeting, prepare by gathering key documents and details. Your lawyer will need those to understand your situation and provide accurate guidance tailored to your needs.
Your initial meeting is also a chance to see if you and your lawyer are the right fit. Evaluate their communication style and expertise to ensure you choose the right legal team for you.
Learn how to prepare for your first meeting with your family law lawyer.
Plat Simionati LLP: Family law is what we do and we do it well
Separations and divorces are complex and emotionally charged processes, and you need legal advice you can trust.
At Plat Simionati LLP, family law is not just what we do—it’s all we do. With a team dedicated exclusively to family law matters, we bring an unmatched depth of experience and a focused approach. We are a full-service firm, from traditional negotiation and litigation to alternative dispute resolution options like mediation and collaborative law.
When you’re ready to take the next step, contact us. Let us help you find a path forward that prioritizes your rights and your family’s well-being.