• Divorce is the legal dissolution of marriage, whereas separation is when a couple decides to live apart.
• The sole ground for divorce in Ontario is the breakdown of the marriage, which can be established by living apart for one year, adultery, or cruelty.
• The divorce process involves six key steps: filing the application, serving the documents, reaching an agreement (or going to court), obtaining the divorce order, and applying for a divorce certificate.

Divorce is a life-changing decision that can be both emotionally and legally complex. If you’re considering ending your marriage in Ontario, knowing the steps involved can make the process smoother and less stressful. Let’s look at the key aspects of getting a divorce in Ontario, from eligibility requirements to legal procedures.

Difference Between Divorce and Separation

Many people confuse divorce with separation, but they are legally distinct. Separation occurs when a married couple decides to live apart. There’s no official legal requirement to register a separation, but having a separation agreement can help settle important matters such as child custody, support, and property division.

Divorce is the legal dissolution of the marriage by a court order. It’s the final step that allows both parties to legally remarry. While a separation agreement can be a valuable tool, it doesn’t replace the need for a formal divorce to legally end the marriage. Without a divorce, issues like inheritance, taxes, and new relationships can become complicated.

Who Can Apply for Divorce in Ontario?

Before starting the divorce process, you need to ensure you meet the basic eligibility requirements. You can apply for divorce in Ontario if:

• You were legally married in Ontario, Canada, or anywhere else in the world.
• You intend to permanently separate from your spouse, believing there’s no chance of reconciliation, or you’ve already left your spouse with no intention of returning.
• Either you or your spouse have lived in Ontario (or any other Canadian province or territory) for at least one year immediately before applying for divorce in that province or territory. This “one-year residency” rule is important.

Grounds for Divorce in Ontario

In Canada, and specifically in Ontario, there is only one ground for divorce: the breakdown of the marriage. This breakdown is established if one of the following conditions is met:

• Living Apart for One Year: The spouses have lived apart for at least one year before the divorce application is filed. This is the most common ground for divorce. It doesn’t matter who left the matrimonial home or why; simply living apart for a year satisfies this requirement.
• Adultery: A condition where one spouse has engaged in sexual intercourse with another person outside the marriage. Proof of adultery is required for this ground.
• Cruelty: One spouse has treated the other spouse with physical or mental cruelty, making their continued cohabitation intolerable. This also requires evidence and is a more difficult ground to prove than simply living apart.

It’s important to note that you don’t need to prove fault to get a divorce in Ontario if you’ve lived apart for a year. The focus is on the irretrievable breakdown of the marriage, not on assigning blame.

Types of Divorce Applications in Ontario

There are three main ways to apply for divorce in Ontario, depending on your situation:

General Application
This is the most common type. It’s used when the spouses disagree on one or more key issues, such as child custody, support, or property division. These cases often require negotiation, mediation, or even court intervention to resolve the disputes.

Simple Application
This option is available when the spouses agree on all issues and there are no children involved. It’s a more straightforward process, often involving less paperwork and court appearances.

Joint Application
As the name suggests, this application is filed jointly by both spouses. It’s used when they are in complete agreement on all matters related to the divorce. This type of application can significantly expedite the process.

Choosing the right application type can impact the time, cost, and complexity of your divorce proceedings.

The Steps Involved in the Ontario Divorce Process

Navigating the Ontario divorce process involves a series of clearly defined steps, each with its own set of requirements and timelines. Understanding these steps is crucial for a smoother, more informed experience.

1.   Filing the Application

The process officially begins when one or both spouses file a divorce application with the appropriate family court in Ontario. The specific court depends on where the parties reside.  This application initiates the legal proceedings and sets the stage for the subsequent steps.  Choosing the correct application type (general, simple, or joint) is crucial at this stage, as it impacts the complexity and timeline of the divorce. The application must be accompanied by the necessary supporting documents, such as the marriage certificate. Filing fees are also payable at this stage.

2.   Serving the Documents

After filing the application, the other spouse (the respondent) must be formally notified of the proceedings. This is done through a process called “service.” The filed documents, including the application, must be personally served on the respondent. This ensures they are aware of the divorce proceedings and have the opportunity to respond. There are specific rules about who can serve the documents and how it must be done. Proper service is critical; improper service can lead to delays or even the dismissal of the case. Affidavits of service must be filed with the court as proof that service was completed.

3.   Responding to the Application

Once served, the respondent has a specific timeframe (typically 30 days) to file a “response” with the court. This document outlines the respondent’s position regarding the divorce and any related issues, such as child custody, support, or property division. If the respondent disagrees with any aspect of the application, they must clearly state their objections in the response. Failure to file a response within the stipulated time may result in the court proceeding with the divorce based on the applicant’s claims.

4.   Reaching an Agreement (or Going to Court)

The ideal scenario is for both spouses to reach a mutually agreeable settlement on all outstanding issues. This can often be achieved through negotiation, either directly between the parties or with the assistance of lawyers. Mediation, a process where a neutral third party helps the spouses reach an agreement, is also a common and often effective approach.

If an agreement is reached, it is typically formalized in a separation agreement, which is then incorporated into the divorce order. However, if the spouses cannot agree on all issues, the matter will proceed to court. A judge will then hear evidence and arguments from both sides and make decisions on the unresolved issues. This can involve multiple court appearances and may be a lengthy process.

5.   Obtaining the Divorce Order

Once all issues are resolved, either through a settlement agreement or a court decision, the court will grant a divorce order. This order legally dissolves the marriage. It is a crucial document that marks the official end of the marriage. The divorce order will also address any related matters, such as child custody, support, and property division.

6.   Applying for a Divorce Certificate

After a mandatory waiting period (usually 30 days) following the date of the divorce order, either party can apply for a divorce certificate from the court. This certificate serves as official proof that the divorce is final and legally valid. It is often required for various purposes, such as remarriage or changing one’s name. The certificate of divorce is distinct from the divorce order; while the order dissolves the marriage, the certificate serves as proof of the divorce.

Essential Documents for Divorce Applications

Gathering the necessary documents is a vital part of the divorce process. Some common ones include:

• Marriage Certificate: This is the foundational document that proves the marriage. A marriage certificate can be obtained from the province or state where the marriage was solemnized.
• Identification Documents: Valid government-issued identification, such as a driver’s license or passport, may be required to verify your identity.
• Previous Divorce Order: If either party has been divorced before, a copy of the previous divorce order is required.
• Death Certificate of a Spouse: If either party’s previous spouse is deceased, a death certificate is needed.
• Separation Agreement: If the spouses have a separation agreement, it should be included.
• Financial Statements: These documents provide a clear picture of each spouse’s financial situation, which is relevant for issues like support and property division.
• Documents Related to Children: This could include birth certificates, school records, and any existing custody or access agreements.

Why Choose a Professional Family Law Attorney?

Navigating the divorce process can be emotionally and legally challenging. A skilled family law attorney can provide valuable advice. They can explain your rights and obligations, ensuring you understand the legal implications of each step. Attorneys can also advocate for your best interests, especially regarding crucial matters like child custody, support, and property division.

If a settlement cannot be reached, your attorney will represent you in court, presenting your case persuasively to the judge. By handling the legal complexities, an attorney can alleviate much of the stress associated with divorce.

Ready to take the next step? Our experienced family law team at Turner Law Professional Corp. is here to help guide you through the divorce process with compassion and expertise. We understand that every situation is unique, and we’re committed to finding the best approach for your specific circumstances. If you’re facing a divorce in Ontario, don’t hesitate to contact us for a consultation.