Divorce is one of life's most challenging experiences, both emotionally and legally. Understanding the divorce process in Ontario can help reduce stress and uncertainty during this difficult time. This comprehensive guide explains the legal requirements, procedures, and what you can expect when going through a divorce in Ontario.
Legal Requirements for Divorce in Ontario
To get a divorce in Ontario, you must meet certain legal requirements: at least one spouse must have lived in Ontario for at least 12 months before filing, you must have been legally married, and you must have been separated for at least one year (unless you're claiming adultery or cruelty).
Under Canadian law, there are three grounds for divorce: separation of at least one year, adultery, or physical or mental cruelty. The vast majority of divorces in Ontario are based on one-year separation, as it's the simplest to prove and doesn't require fault or blame.
Separation vs. Divorce: Understanding the Difference
It's important to understand that separation and divorce are two distinct legal statuses. Separation occurs when spouses decide to live separate and apart. You don't need to file any legal documents to be separated. Divorce is the legal termination of your marriage, requiring a court order.
During separation, you can address important issues through a separation agreement, including: property division, spousal support, child custody and access, and child support. A properly drafted separation agreement can make the eventual divorce process much simpler and faster.
You can live separately under the same roof if you stop living together as a married couple (no longer sharing a bedroom, meals, or household responsibilities). However, proving this can be challenging, so it's better to live apart if possible.
Uncontested vs. Contested Divorce
Uncontested (Simple) Divorce: Both spouses agree on all issues related to the divorce, including property division, support, and custody (if applicable). This is the fastest and least expensive type of divorce. The process is largely paperwork-based and may not require court appearances. Can be completed in as little as 4-6 months after the one-year separation period.
Contested (Complex) Divorce: Spouses disagree on one or more issues. Requires court intervention to resolve disputes. Can take 18 months to several years to complete. Significantly more expensive due to legal fees, court costs, and expert witnesses.
Many divorces that start as contested become uncontested through negotiation and mediation. Your lawyer can help you assess whether issues can be resolved outside of court.
The Divorce Process: Step by Step
Step 1: Separation - Live separate and apart for at least one year. During this time, work on resolving issues through negotiation, mediation, or with help from your lawyers.
Step 2: File Divorce Application - One spouse (the Applicant) files an Application for Divorce with the court. Serve the documents on the other spouse (the Respondent). Pay the court filing fee (currently $632).
Step 3: Respondent's Answer - The Respondent has 30 days to file an Answer if they disagree with anything in the Application (60 days if served outside Ontario or Canada).
Step 4: Financial Disclosure - Both parties must provide full financial disclosure, including: income tax returns, pay stubs, bank statements, and details of all assets and debts.
Step 5: Negotiate Settlement - Attempt to resolve outstanding issues through: direct negotiation, lawyer-to-lawyer negotiation, mediation, or collaborative family law.
Step 6: Court Hearing (if needed) - If issues remain unresolved, the matter goes to trial where a judge makes decisions on disputed issues.
Step 7: Divorce Order - Once all issues are resolved or decided by the court, a judge grants the Divorce Order. The divorce becomes final 31 days after the Order is granted.
Key Issues in Divorce
Property Division: Ontario follows the "equalization" principle. The spouse with more property growth during the marriage pays the other spouse half the difference. The matrimonial home has special rules and is usually divided 50/50 regardless of whose name is on title.
Spousal Support: May be payable based on factors including: length of marriage, roles during marriage, income disparity, and ability to become self-sufficient.
Child Custody and Access: Courts focus on the "best interests of the child." Options include sole custody, joint custody, or shared parenting arrangements.
Child Support: Calculated using the Federal Child Support Guidelines based on the payor's income and number of children.
Conclusion
Divorce is a complex legal process with far-reaching consequences for your finances, your children, and your future. Having experienced legal representation ensures that your rights are protected and that you understand all your options. While the process can be challenging, with the right guidance, you can navigate it successfully and move forward with your life. If you're considering divorce or have been served with divorce papers, contact Kanevsky Law Office today for a confidential consultation. We'll help you understand your rights, your options, and guide you through every step of the process.
