Divorce FAQ
When can I apply for a divorce?
If you have lived in Ontario for the past 12 months, and you and your spouse have been separated for one year, you can apply for a divorce through the Ontario courts. You can also file for divorce prior to the one-year separation due to adultery or physical or mental cruelty, but those circumstances will need to be proven to the court.
If there are minor children involved, the court will also want details on parenting arrangements and child support. The court will often not grant a divorce if the children of the marriage are not receiving appropriate child support.
Where do I apply for a divorce?
Filing for a divorce is done through the Ontario Superior Court of Justice. You must ensure that you meet all of the conditions before you submit your application, as missing information or required documents may cause your application to be rejected.
How long does it take to get divorced?
This depends on whether your divorce is contested or not. If you have an uncontested divorce (meaning that the other person doesn't disagree with divorce), you would file your divorce application, wait 30 days, and then proceed with the second stage of the divorce proceedings by filing an Affidavit for Divorce. Once all of your necessary documents have been filed with the court, a judge will review your documents and determine if your divorce can proceed. Your divorce will be final 31 days after your application for divorce is signed by a judge. The process usually takes a minimum of 3 months, but it may take longer if there is a backlog at the court in your jurisdiction.
Do I need a separation agreement or a court order to get a divorce?
Not necessarily, but the court may not grant a divorce if children of the marriage are not receiving appropriate child support.
Can I get divorced in Canada if I was married in a foreign country?
Yes. It doesn't matter where you were married, but it matters where you get divorced. The person applying for the divorce (you or your spouse) must have lived in Ontario for the past 12 months in order to file for a divorce through the Ontario courts.
How can I get divorced if I came to Canada to have a same-sex marriage?
Yes. There are several conditions to be met in order to have your divorce granted in Canada. The application must be made by both partners and some of the conditions include:
You and your spouse need to have been married in Canada;
Neither spouse resided in Canada at the time the divorce application was filed;
You and your spouse have lived separate and apart for at least one year prior to filing for divorce; and
You and your spouse have lived in a state or country that does not recognize same-sex marriage for at least one year.
Contact a Family Lawyer in Ontario Today
If you need help with a family law situation that involves a child, contact Aspire Family Law. Our Ontario family law team will advise you of your options and guide you through the process. Contact us online or at 613-406-4246 to schedule a Strategic Planning Session.