The Divorce Process in Ontario

In Ontario, there is only one legal ground for divorce under the federal Divorce Act: marriage breakdown. You can prove marriage breakdown three ways — living separate and apart for at least one year (by far the most common), adultery by your spouse, or physical or mental cruelty by your spouse. The one-year separation period is mandatory in most cases, but you can file the divorce application before the year is up — the divorce just cannot be granted until the full year has passed. A critical point many people miss: you can be "separated" while still living in the same house. Ontario courts recognize that financial or practical constraints may force separated spouses to remain under one roof. You need to demonstrate that the marital relationship has ended — separate bedrooms, separate finances, no longer presenting as a couple socially. Document the separation date carefully, as it affects property valuation and the start of limitation periods.

If you and your spouse agree on all issues — parenting arrangements, support, property division — you can pursue an uncontested (also called "simple" or "desk") divorce. This means no trial and often no court appearance. You file the application, serve your spouse, your spouse files an Answer consenting or simply does not respond, and a judge reviews the paperwork and grants the divorce order. Timeline: typically 4-6 months from filing. A contested divorce means you disagree on one or more issues. The Ontario family court process involves a mandatory Case Conference (first court appearance, focused on narrowing issues), a Settlement Conference (focused on resolution), and a Trial Management Conference before reaching trial. Very few cases go to full trial — the vast majority settle at or before the Settlement Conference stage. However, a contested divorce can take 1-3 years or longer.

**Step 1 — Establish separation.** Begin living separate and apart. Document the date in writing (email to a friend, letter to yourself, note in a journal). This date matters enormously for property valuation. **Step 2 — File an Application (Form 8).** File in the Ontario Superior Court of Justice (Family Branch). The court location depends on where you or your spouse live. Filing fee is $632. If you cannot afford the fee, you can apply for a fee waiver. **Step 3 — Serve your spouse.** You must personally serve the Application on your spouse through a process server or another adult (not you). Your spouse has 30 days to file an Answer. **Step 4 — Financial disclosure.** Both parties must complete a Financial Statement (Form 13 for support-only claims, Form 13.1 for property claims). Full financial disclosure is mandatory, not optional. Failure to disclose can result in costs orders, contempt, or having your case dismissed. **Step 5 — Case Conference.** This is a mandatory meeting with a judge, typically 1-2 months after the Answer is filed. Come prepared with your Case Conference Brief (Form 17A). The judge cannot make final orders but can make temporary orders and direct the next steps. **Step 6 — Settlement Conference, Trial Management Conference, and (if necessary) Trial.** Each stage narrows the issues. Motions for temporary orders (child support, exclusive possession of the home, restraining orders) can be brought at any stage. **Step 7 — Divorce Order.** Once a judge grants the divorce, there is a 31-day appeal period before the divorce becomes final. You cannot remarry until the divorce is final.

Common-law couples do NOT go through the divorce process — there is no "common-law divorce" in Ontario. If you were never married, you separate and deal with any support or parenting issues through the Family Law Act and Children's Law Reform Act. You file at the Ontario Court of Justice (not Superior Court) unless you also have property claims, which must go to Superior Court. Important: even though there is no formal process to end a common-law relationship, you still have legal obligations. If you have children, parenting and child support matters must be resolved. If you have been cohabiting for 3+ years (or have a child together in a relationship of some permanence), your partner can claim spousal support.