What is divorce in Ontario?
In Ontario, divorce is governed by the federal Divorce Act, which allows a court to grant a divorce where there has been a breakdown of the marriage. This is typically demonstrated by one year of separation, adultery, or cruelty.
Can I get a divorce without going to court?
No. Only a court can grant a divorce in Ontario. However, related issues like parenting, property division, and support can be resolved through a separation agreement.
What is an uncontested divorce?
An uncontested divorce occurs when both spouses agree on all key issues. You still must meet legal criteria under the Divorce Act. Most uncontested divorces are based on one-year separation.
How do I apply for divorce in Ontario?
- You or your spouse must have lived in Ontario for at least 12 months.
- File an application with the appropriate court.
- Include required forms, marriage certificate, and a draft divorce order.
- Ensure child support meets the Child Support Guidelines.
How long does a divorce take in Ontario?
Once filed, it typically takes a few months. A divorce order takes effect 31 days after being granted.
What’s the difference between separation and divorce?
Separation occurs when spouses live apart with the intent to end their relationship. A divorce legally ends the marriage. Issues like support and parenting time can be addressed during separation.
Do I need a reason to get divorced?
No-fault divorce applies. The most common reason is one year of separation. Adultery and cruelty also qualify, but require evidence.
Can we live together and still be separated?
Yes, if you live “separate and apart” under the same roof—e.g., separate finances, bedrooms, and minimal communication.
Can I get divorced if I wasn’t legally married?
No. Divorce only applies to legally married couples. Common-law partners must resolve issues like support and property through separation agreements or the courts.
How is custody (now parenting time and decision-making) decided?
Decisions are based on the best interests of the child. Courts consider existing care arrangements, each parent’s role, and the child’s needs. Joint parenting is possible if it promotes stability.
How is child support calculated?
It is based on the paying parent’s income, number of children, and province of residence. Use the MySupportCalculator tool for estimates.
What about spousal support?
Spousal support depends on financial disparity, roles during marriage, and duration. Courts use Spousal Support Advisory Guidelines to help determine amount and duration.
Does fault matter in support or property division?
No. Ontario follows a no-fault approach. The reasons for divorce are irrelevant to support or asset division.
How is property divided?
Ontario’s Family Law Act governs property division. Married spouses typically split the increase in value of property acquired during marriage. Common-law spouses have different rules. Learn more on our Property Division page.
What if my spouse ignores the court order?
The Family Responsibility Office can help enforce support. For parenting issues, you may apply to the court for enforcement or modification.
Can court orders be changed?
Yes. If circumstances change, you may request a motion to change a parenting, support, or other court order.