What to Expect During the Divorce Process in Ontario

In Ontario, divorce is governed by the Divorce Act, a federal law, but certain matters—like property division and child custody—are governed by provincial legislation such as the Family Law Act and the Children’s Law Reform Act.

Here’s what the general process looks like:

Step 1: Establishing Grounds for Divorce

You can file for divorce if your marriage has broken down, which is most commonly shown through:

• Living separately for at least one year

• Adultery

• Physical or mental cruelty

Step 2: Filing the Application

One spouse (the applicant) files an application for divorce at the Ontario Superior Court of Justice. The application can include claims for other family law issues like parenting time, spousal support, child support, and property division.

Step 3: Serving the Other Party

The application must be properly served to the other spouse (the respondent), who then has a chance to respond.

Step 4: Resolving Issues (Negotiation, Mediation, or Court)

This stage can vary greatly. If both parties agree on all issues, an uncontested divorce may proceed relatively smoothly. If not, negotiation, mediation, or litigation may be necessary.

Step 5: Divorce Order and Finalization

Once the court is satisfied that all legal requirements have been met, it will grant a divorce order. The divorce becomes final 31 days after the order is issued.