Ending a marriage can be one of the most challenging decisions in a person’s life. Knowing the legal steps for obtaining a divorce in Ontario is crucial. Understanding the timelines involved can also help you navigate this difficult time with greater confidence. Below, we break down how to start the divorce process and what to expect in terms of timing.

Step 1: Meet the Eligibility Requirements for Divorce

To file for divorce in Ontario, you must meet these criteria:

• Residency Condition: You must have lived in Ontario for at least one year before filing for divorce. Alternatively, your spouse must meet this residency obligation.
• Grounds for Divorce: Canada recognizes three grounds for divorce under the Divorce Act:
  • Separation: The most common ground. You must have lived separate and apart for at least one year.
  • Adultery: If your spouse committed adultery, you can file for divorce right away without waiting a year.
  • Cruelty: If your spouse subjected you to physical or mental cruelty, you can also file for divorce promptly.

Step 2: Gather Necessary Documents

Before starting the divorce process, you will need these documents:

• Marriage Certificate: An official copy of your marriage certificate. If married outside of Canada, a translated and certified version is required.
• Separation Agreement (if applicable): If you have agreed on issues like property division, you must handle parenting. You also need to decide on support. Then consider a separation agreement. You should consider a separation agreement if you agree on issues like property division. It helps in handling parenting and deciding support. It can be very helpful. It simplifies reaching a comprehensive solution. It can streamline the divorce process.
• Financial Statements: These are necessary if there are unresolved financial issues, like spousal or child support and property equalization.

Step 3: File the Application for Divorce

There are two types of divorce applications:

1. Simple Divorce: This is used when you only seek a divorce with no other claims. Examples include a lack of child support or property division claims.
2. Joint Divorce: Filed jointly by both spouses when they agree on all issues, including custody, support, and property division.
3. Contested Divorce: Filed when spouses can’t agree on key issues and need the court to resolve them.

You can file your divorce application at your local family court or online through the Ontario Justice Services Online portal.

Step 4: Serve the Divorce Papers

If you are filing a simple or contested divorce, you must serve the divorce papers on your spouse. Service can be done by a third party or through a process server. Joint divorces do not need service since both parties are filing together.

Step 5: Wait for a Response (if applicable)

If you served your spouse, they have 30 days (within Canada) or 60 days (outside Canada) to respond. If they do not respond, you can move ahead with the divorce as uncontested.

Step 6: Court Review and Divorce Order

Once all documents are filed and any disputes are resolved, the court will review your application. If everything is in order, the court will issue a Divorce Order.

Step 7: Finalizing the Divorce

Your divorce becomes final 31 days after the Divorce Order is issued. You can ask for a Certificate of Divorce, which is official proof that your marriage has legally ended.

How Long Does the Divorce Process Take in Ontario?

The timeline for a divorce in Ontario can vary:

• Uncontested Divorce (Simple or Joint): Typically, it takes 4 to 6 months from filing. This is provided there are no errors in the paperwork.
• Contested Divorce: Can take 1 to 2 years or longer, depending on the complexity of the issues and court availability.
• Separation Period: Remember you must live separate and apart for one year before filing for a divorce on separation grounds. This does not apply if filing for adultery or cruelty.

Tips for a Smoother Divorce Process

• Seek Legal Advice: A family law lawyer can help you understand your rights and obligations. They ensure all paperwork is correctly completed.
• Consider Mediation: Mediation can help resolve disputes more quickly and amicably than going to court.
• Organize Financial Documents: Having all financial records in order can speed up the resolution of support and property division issues.

Final Thoughts

Starting the divorce process in Ontario can seem overwhelming, but understanding the steps and timelines can make it more manageable. Your situation can be straightforward. Or it can involve complex issues. Seeking professional legal advice can help you navigate the process. It can also protect your interests.

If you need help with your divorce or have questions about the process, contact our office for a consultation. We are here to help you move ahead with confidence.