Separation and Divorce

To file for divorce in Ontario, you must have been ordinarily resident here for one year. If you have been residing in Ontario for over a year and can establish one of the grounds for divorce, the first step is to file an Application with the Court. The Application gives the Court background information on you and your spouse, and outlines to the Court what it is you will be asking them to grant. The Application is not solely restricted to divorce. If you are making claims for custody, access, child support, spousal support and property division, these claims are also included in your Application.

If you intend to rely upon the fact that you and your spouse have lived apart for a year to obtain a divorce, you are not required to wait a year before bringing an Application before the Court to deal with matters involving support, children, or division of property. The divorce just can’t be granted before a year is up.

An Application for divorce can be filled out by one or both spouses. It is most often completed by one spouse, but if you agree on things like custody, access, support and property division you can file together.

Unless you file your Application together, you are required to serve your Application on your spouse. This means that your Application is completed without input by your spouse, and is then delivered to them. Your spouse then has 30 days to respond. If they do not respond, the Court may grant everything requested without hearing from your spouse.

If, after 30 days, your spouse has not responded to your Application the next step is to file paperwork asking the Court to go ahead and grant the divorce.

When spouses have signed a separation agreement, this part of the process is simplified, and a divorce can usually be obtained without having to attend in Court. The spouse applying for a divorce files the necessary forms with the court and attaches a copy of the separation agreement signed by both parties to show all issues have been resolved. Once submitted, a Judge will review the application materials, confirm an agreement has been reached, and grant the divorce. In most circumstances, the divorce will be granted without issue and without anyone attending.

If you have not reached an agreement with your spouse and your spouse has not responded to your application, then you will need to ask the Court to proceed without your spouse and set a date to appear in front of a Judge for an uncontested trial. At an uncontested trial, a Judge can make an order as to what will happen with parenting, support and property. A Judge can also grant the divorce.

If you and your spouse cannot come to an agreement on the issues of custody, access, child support, spousal support or property division, you may have to go to court to have a Judge make a decision on those issues before proceeding with your application for divorce.

Disclaimer: The information contained on this page is only intended for information purposes and is not intended to be construed as legal advice. Speak to one of our family law lawyers if you have any questions about domestic contracts.