Divorce in Ontario
Grounds, the one-year separation, simple vs. joint vs. contested, and what a divorce does and does not resolve.
Divorce is governed by the federal Divorce Act, not Ontario law. That is why the rules are the same in every province. To get a divorce you must be legally married and one of you must have lived in Ontario for at least a year before filing.
There is really one ground for divorce: marriage breakdown. You prove it three ways. The common one is living separate and apart for at least a year. The other two are adultery and cruelty, both proven by the spouse who did not commit the act. A year of separation is by far the cleanest route, and you can start the application before the year is up so long as the divorce itself is not granted until the year passes.
A simple divorce is brought by one spouse. A joint divorce is filed together when you both agree. A contested divorce is one where the other side disputes something or refuses to participate.
Divorce ends the marriage. It does not, on its own, resolve property, support, or parenting. You can be divorced while those issues are still being worked out or litigated. The court will not grant the divorce, though, until it is satisfied that reasonable arrangements for child support are in place.
How Ryan helps: Ryan handles simple and joint divorces on a flat fee, so you know the full cost before you start. Book a free consultation to find out which route fits your situation.
Frequently asked questions
How long do I have to be separated to get a divorce in Ontario?
For a no-fault divorce you must be separated for one year. You can start the divorce application before the year is up, but a court will not grant the divorce until the full year has passed. Adultery and cruelty are the other two grounds under the federal Divorce Act and do not require a waiting period.
Can I get divorced in Ontario without going to court?
Yes. Most Ontario divorces are uncontested and processed on paper. If you and your spouse agree on the divorce and have settled parenting, support, and property, you file a joint or simple application and a judge signs the divorce order without anyone appearing. Court is only needed when there is a genuine dispute.
Do I have to settle property and support before I can get divorced?
Not always, but a court will not grant a divorce unless reasonable arrangements have been made for child support under the Federal Child Support Guidelines. Property division and spousal support can be resolved separately. Many people deal with all issues at once to avoid a second proceeding later.
Questions about your own situation?
Flat fees, no hourly billing, free first consultation. Ryan Manilla is available 24/7.
Book a Free Consultation