Contact Us

Separation and Divorce

Spouses are considered separated when they have started living separately from each other with no reasonable prospect of reconciliation. This often means that one party has moved out of the family home. Spouses can, however, be considered separated even if they continue to live in the same house together.


A divorce is the legal dissolution of a marriage that happens after parties have already separated. Only the Court can grant a divorce.


FAMILY LAW SERVICES

  • Family Law
  • Collaborative Family Law

What are the grounds for divorce?

In Canada, there are three grounds for divorce:

  1. You and your spouse have lived separate and apart for one year and there is no chance of reconciliation;
  2. Your spouse has committed adultery; or
  3. Your spouse has been physically or mentally cruel to you such that living together is intolerable.

Most often spouses will rely on the one-year separation to get a divorce.

Do you need a separation agreement before divorce in Ontario?

Separation agreements are important tools used to outline a parenting plan for your children, payment of support, and what will happen to your property. They can also provide important release clauses waiving spousal rights to share in each other’s estate.


You are not required to sign a separation agreement before applying for a divorce. If there are no issues between you and your spouse regarding custody, access, child support, spousal support, or property division, then a separation agreement is not required before applying for divorce. It is, however, important to obtain legal advice to determine if your issues warrant a separation agreement. Alternatively, if you and your spouse agree on all issues, you can jointly apply for a divorce without completing a separation agreement. Where there are issues relating to parenting, support, and property division, a separation agreement simplifies the divorce process.

How do you file for divorce in Ontario?

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.



Uncontested Divorces:

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.



Contested Divorces:

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.

ABOUT US

Since 1969 Simmons da Silva LLP’s reputation is built on being astute problem solvers and for providing common sense solutions to legal issues confronting our clients. We work hands-on with all our clients.

Connect With Us
Play Video

LATEST NEWS & ARTICLES

Family Law

Heads Up

By sds-admin
Family Law

Is your client ready for divorce?

By sds-admin
Family Law

Collaborative Practice works

By sds-admin
Family Law

Whistle while you work

By sds-admin
Family Law

Selling the Family Home after Separation

By sds-admin
Family Law

Common misconceptions that may arise in Family Law cases

By sds-admin
Wills & Estate

Wills and Privacy

By sds-admin
Business Law

The Defence of Failure to Understand and Other Reasons for ILA

By sds-admin
Family Law

Acknowledging Fear

By sds-admin
Litigation/Dispute Resolution

How minority shareholders in Ontario can use the Courts

By sds-admin
Family Law

Constructive role and relationship

By sds-admin
Wills & Estate

Dealing with digital assets

By sds-admin
Family Law

Heads Up

By sds-admin
Family Law

Is your client ready for divorce?

By sds-admin
Family Law

Collaborative Practice works

By sds-admin
Family Law

Whistle while you work

By sds-admin
Family Law

Selling the Family Home after Separation

By sds-admin
Family Law

Common misconceptions that may arise in Family Law cases

By sds-admin
Wills & Estate

Wills and Privacy

By sds-admin
Business Law

The Defence of Failure to Understand and Other Reasons for ILA

By sds-admin
Family Law

Acknowledging Fear

By sds-admin
Litigation/Dispute Resolution

How minority shareholders in Ontario can use the Courts

By sds-admin
Family Law

Constructive role and relationship

By sds-admin
Wills & Estate

Dealing with digital assets

By sds-admin
Wills & Estate

A Princely Estate

By sds-admin
Family Law

‘Technology can’t solve all the problems of a broken relationship’

By sds-admin
Family Law

The criminal justice system and matrimonial disputes

By sds-admin
Business Law

Construction Liens: A Primer

By sds-admin
Family Law

Complications of dealing with a mentally challenged teenager

By sds-admin
Business Law

Enforcing Non-Solicitation and Non-Competition Clauses

By sds-admin
Family Law

Separating? Selling your Matrimonial Home?

By sds-admin
Wills & Estate

A Living Will? A Personal Care Power of Attorney?

By sds-admin
Business Law

Employment Agreements and the Successful Dental practice

By sds-admin
Family Law

Marriage Contracts and Cohabitation Agreements

By sds-admin
Business Law

Top Ten Things You Need to Keep in Mind when Drafting Your Own Statement of Defence

By sds-admin
Wills & Estate

Marriage: A New Form of Elder Abuse?

By sds-admin
Family Law

“The consequence of alienating children”

By sds-admin
Real Estate

Reality checks while buying a brand new home from a developer/builder

By sds-admin
Business Law

Top Ten Things Lenders and Borrowers Need to Know about Mortgage Enforcement under a Power of Sale

By sds-admin
Family Law

Collaborative approach to separation and divorce

By sds-admin
Wills & Estate

Handling undue influence

By sds-admin
Business Law

Estoppel Certificates in Factoring Transactions

By sds-admin
Business Law

Understanding PPSA

By sds-admin
Real Estate

Bridge financing: A cushion between two homes

By sds-admin
Business Law

Attacking Fraudulent Conveyances

By sds-admin
Family Law

Do the Rules of Evidence Apply in Family Law?

By sds-admin
Wills & Estate

Power of attorney for property

By sds-admin
Business Law

More secure than a contract

By sds-admin
Business Law

Immigration Trusts

By sds-admin
Family Law

Discretionary Family Trusts & Family Law

By sds-admin
Business Law

Simmons da Silva LLP client Media One Inc. wins Toronto Regional Board of Trade’s Business Excellence Award

By sds-admin
Business Law

A remedy against defaulting debtors

By sds-admin
Wills & Estate

Snowbirds: Know your rights, responsibilities

By sds-admin
Family Law

How to protect your small business from a marital breakdown

By sds-admin
Business Law

Supreme Court dismisses request for an appeal by ‘vexatious’ litigant

By sds-admin
Business Law

Judge finds missing Toronto lawyer Javad Heydary in contempt of court

By sds-admin
Business Law

Lawyer probed over missing client funds

By sds-admin
Business Law

Missing lawyer Javad Heydary faces contempt of court motion

By sds-admin
Business Law

Missing lawyer Javad Heydary found in contempt

By sds-admin
Business Law

Law Society seizes Toronto lawyer’s practice after $3-million goes missing

By sds-admin
Business Law

Ontario law society lags in victim compensation

By sds-admin
Business Law

Secrecy in Javad Heydary case prompts concern

By sds-admin
Business Law

SDS LLP’s Head of Litigation, Ray Thapar’s case contiunes to be a shock…

By sds-admin
Business Law, Family Law, Real Estate, Wills & Estate

Justin Clark Attends Law Society’s 3rd Annual Articling & Beyond

By sds-admin
Business Law

Obtaining Equity Investments for Your Corporation

By sds-admin
Family Law

Separating? Selling your Matrimonial Home? Step 1: CALL YOUR FAMILY LAW LAWYER!

By sds-admin
Business Law

COMMERCIAL FINANCE

By sds-admin
Business Law

PROFESSIONAL CORPORATIONS FOR THE BUSY PROFESSIONAL By Puneet S. Kohli, BAS, LL.B.

By sds-admin
Business Law

“Ready Weapons for Undue Influence” and other reasons for ILA

By sds-admin
Family Law

Family Law Lawyer Career Opportunity Simmons, da Silva + Sinton LLP

By sds-admin
Business Law

Common (Preventable) Succession Planning Mistakes

By sds-admin
Wills & Estate

Wills, Executors, Powers of Attorney and Probate Fees… Answers to Your Questions

By sds-admin
Business Law

Sink or Swim – What NOT To Do When Setting Up A Business or New Venture

By sds-admin
Business Law

Everybody’s Gone Surfin’ !?! You Need An Acceptable Internet Usage Policy

By sds-admin
Real Estate

Land Title Fraud

By sds-admin
Business Law

Landlord Waivers and Bank Security

By sds-admin
Business Law

Business Succession – The Family

By sds-admin
Real Estate, Wills & Estate

Snowbirds – Canadians buying real estate in the U.S.A.

By sds-admin
Real Estate

Snowbirds – Canadians buying real estate in the U.S.A.

By sds-admin
Business Law, Family Law, Real Estate, Wills & Estate

SDS Open House 2013

By sds-admin
  • Privacy Policy
  • Accesibility
  • Legal
  • HOME
  • ABOUT US
  • CAREERS
  • NEWS
  • CONTACT US
  • BUSINESS LAW
  • LITIGATION/
    DISPUTE RESOLUTION
  • FAMILY LAW
  • REAL ESTATE
  • WILLS & ESTATE

T . 905.457.1660

E .info@sdslawfirm.com

L . Suite 200, 201 County Court Blvd
Brampton, L6W4L2, Canada

  • Privacy Policy
  • Accesibility
  • Legal
©2021 Simmons Da Silva LLP. All Rights Reserved
Website Managed by StableWP
Menu
  • Home
  • About Us
  • Practice Areas
    • Business Law
    • Litigation/Dispute Resolution
    • Family Law
    • Real Estate
    • Wills & Estates
  • Our Team
  • News
  • Careers
  • Contact us