How To Get a Divorce in Ontario
This article covers how to get a divorce in Ontario, along with some frequently asked questions about divorces in the province.
Eligibility for a Divorce
You’re eligible to get a divorce in Ontario as long as you meet the following criteria:
- You are legally married to your spouse. This legal marriage can occur in any country.
- Your and your spouse have lived either together or individually in Ontario for at least one year before lodging your divorce application.
- You fully intend to separate permanently from your spouse and believe there is no way that you will reconcile.
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:
- Your partner committed adultery and you do not wish to forgive them and reconcile.
- You’ve lived apart for at least one year, with both parties considering the marriage to be over.
- Your partner is mentally or physically cruel and you no longer wish to live with them.
In the cases of cruelty and adultery, you will be asked to provide proof of incidents that back up your claim.
What Is the Divorce Process in Ontario?
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:
- Get in touch with an appropriate family lawyer to advise you on the divorce. Your lawyer will prove invaluable if the divorce is not amicable, particularly in regards to securing custody of a child. However, it’s still recommended that you work with a lawyer even if the divorce is peaceful.
- Complete the province’s divorce application.
- Submit your completed application to a relevant courthouse based in Ontario.
- Pay the court’s fees. These fees typically amount to approximately $600 before you consider legal fees. However, the amount you pay can vary depending on if you want to make copies of your divorce agreement. Furthermore, disputes over finances or children can add to these fees quite drastically.
- Follow any procedures or rules dictated by the court. Again, this step becomes more important if you have a to child support, abide by a custody schedule, or pay spousal support. Failing to follow the rules set by the court could lead to further legal action later.
Frequently Asked Questions About Divorce in Ontario
Do We Need to be Separated for the Full Year Before Getting a 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.
How Long Does It Take for a Divorce to be Completed?
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.
Can I be Separated from My Spouse and Still Live in the Same House?
Yes, a separation does not mean that you are living separately. The following are the key factors that constitute a separation:
- One or both spouses have withdrawn from the marriage obligation.
- There is a physical separation between spouses.
- Communication, particularly related to family problems, has broken down.
- The absence of a sexual component to the relationship.
Other factors may also be considered when determining if you are truly separated from your partner.
Get Legal Advice
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.
