This article covers how to get a divorce in Ontario, along with some frequently asked questions about divorces in the province.
You’re eligible to get a divorce in Ontario as long as you meet the following criteria:
There are some exceptions to these requirements. For example, if you were married legally in Canada but now reside in a country that doesn’t recognize your legal Canadian marriage, you may still be able to get a divorce in Ontario. Alternatively, you may be able to end your marriage under Canada’s Civil Marriage Act, which means you don’t have to prove residency in Ontario.
In addition to these requirements, you must also be able to demonstrate that your marriage has broken down. Legally, an Ontarian marriage is considered broken if at least one of the following is true:
In the cases of cruelty and adultery, you will be asked to provide proof of incidents that back up your claim.
While Ontario’s divorce process is fairly straightforward, it does require payment of several fees, as well as an investment of time. Following these general steps should ensure a successful divorce:
Assuming that the only reason you’re getting a divorce is that you simply no longer want to be married, the year-long separation is mandatory. However, it does not apply in cases of cruelty or adultery, meaning you can begin divorce proceedings as soon as you have the relevant evidence.
This depends on the nature of the divorce. A divorce that includes contesting over money or children will naturally take much longer to complete than a clean divorce in which both parties are on the same page.
Simple divorces usually take between four and six months, which includes any hearings related to property and custody. Contested divorces can take several years, in the worst-case scenario.
Once the divorce order is made, it takes 31 days to go into effect if you are divorcing for reasons other than adultery or cruelty. If adultery or cruelty is involved, the divorce order goes into effect immediately.
Yes, a separation does not mean that you are living separately. The following are the key factors that constitute a separation:
Other factors may also be considered when determining if you are truly separated from your partner.
While it is possible to pursue a divorce in Ontario without the help of a lawyer, it is not recommended. In addition to helping you to avoid legal pitfalls, your lawyer can remove the emotion from the situation, ensuring you achieve your desired outcome.
At Legalhood, our family lawyers can help you through your divorce proceedings. To begin the process today, simply click here.