How to Obtain a Divorce in Ontario: A Complete Step-by-Step Guide

What Is Required to Get a Divorce in Ontario?

To obtain a divorce in Ontario, you must meet several basic requirements. You must be legally married, either in Canada or abroad, and the marriage must be legally recognized. At least one spouse must have lived in Ontario for a minimum of one year immediately before filing the divorce application. The court also requires proof of marriage breakdown, which is most commonly established by demonstrating a separation of at least one year.

Grounds for Divorce in Canada

Under the Divorce Act, there is only one legal ground for divorce: marriage breakdown. This can be proven in three ways: living separate and apart for at least one year, adultery by one spouse, or physical or mental cruelty by one spouse toward the other. The vast majority of divorces in Ontario are granted on the basis of one-year separation, as this is the simplest to prove and does not require airing grievances in court.

Step 1: Filing for Divorce

The divorce process begins by filing an Application for Divorce at the Superior Court of Justice in Ontario. If both spouses agree on all issues — including property, support, and parenting — this is called a joint application. If only one spouse is filing, it is a sole application. The application must be filed with the court and a filing fee must be paid.

Step 2: Serving the Respondent

If filing a sole application, the spouse who files (the applicant) must serve the divorce documents on the other spouse (the respondent). Service must be done personally or through an approved method. The respondent then has 30 days to respond if they are in Canada, or 60 days if they are outside of Canada. If the respondent does not respond, the applicant can proceed with an uncontested divorce.

Step 3: Resolving Corollary Issues

Divorce proceedings often involve more than just the dissolution of the marriage. Issues such as spousal support, child support, parenting arrangements, and property division must also be resolved, either by agreement between the parties or by court order. It is generally advisable to resolve these issues before or alongside the divorce application, as a divorce order may be withheld by the court if reasonable arrangements for children have not been made.

Step 4: The Divorce Order

Once the court is satisfied that all requirements are met and that proper arrangements have been made for any children, a judge will grant a Divorce Order. This order typically takes effect 31 days after it is granted, at which point both parties are free to remarry. You will receive a Certificate of Divorce, which is official proof that your marriage has ended.

Do You Need a Lawyer?

While it is legally possible to represent yourself in a divorce proceeding in Ontario, the process can be complex, particularly when children, property, or support are involved. A family law lawyer can help ensure your rights are protected and that all documentation is properly completed. Many people also use a separation agreement negotiated with the help of lawyers or a mediator before going to court.

How Long Does a Divorce Take in Ontario?

The timeline for an Ontario divorce varies depending on whether it is contested or uncontested. An uncontested divorce where both parties agree on all issues can sometimes be finalized in as few as four to six months from the date of filing. Contested divorces, where the parties cannot agree, can take significantly longer — sometimes years — depending on the complexity of the issues and court scheduling.

Key Takeaways

• You must have been resident in Ontario for at least one year before filing.
• The most common ground for divorce is one year of separation.
• Both joint and sole divorce applications are available.
• Children’s arrangements must be addressed before a divorce order is granted.
• A Certificate of Divorce is required to remarry.