Understanding Divorce in Ontario
The Law on Divorce
The Law on
Divorce
Divorce in Ontario is mainly governed by:
- Family Law Act (Ontario) – A provincial law that addresses property division, spousal support, and domestic contracts.
- Family Law Rules (Ontario) – Court rules that set the procedure for divorce applications in the Ontario Superior Court of Justice.
- Divorce Act – A federal law that applies across Canada. It sets out the grounds for divorce, parenting arrangements, and child/spousal support for married couples.
Grounds for Divorce
Living Separate & Apart
Adultery
Cruelty
The Divorce Process
Eligibility
One spouse must have lived in Ontario for at least 12 months before starting the divorce.
Application
- Simple / Uncontested Divorce: Only one spouse files, and no other issues (like property or custody) are claimed.
- Joint Divorce: Both spouses apply together, agreeing on all issues.
- Contested Divorce: One spouse files, and the other disagrees on key issues such as support, parenting, or property division.
Court Review
In uncontested or joint divorces, the court reviews the paperwork without a hearing. In contested cases, conferences, motions, or a trial may be required.
Divorce Order & Certificate
After the court grants a Divorce Order, it becomes final after 31 days. You can then request a Certificate of Divorce, which allows you to remarry.
How We Can Help
Our firm provides comprehensive divorce services:
Uncontested Divorce Applications
Streamlined, cost‑effective, and efficient filings handled end‑to‑end.
Contested Divorce Representation
Strong advocacy through negotiation, motions, and trial when needed.
Parenting & Decision‑Making
Protecting the best interests of children with clear, child‑focused plans.
Property Division
Applying Ontario’s equalization rules to fairly divide assets and debts.
Child & Spousal Support
Calculating, negotiating, and enforcing support rights with clarity.
Alternative Dispute Resolution
Mediation and settlement‑focused solutions to reduce conflict and cost.
We work to reduce stress, protect your legal rights, and secure outcomes that help you move forward.