The laws about divorce are governed by federal legislation which applies equally across Canada. The Divorce Act is the governing statute of rules and regulations that are used when a couple wishes to be divorced in Canada. It sets out the law for divorces in Canada and includes corollary relief proceedings such as parenting orders, child support orders, and spousal support orders. 

​

The Divorce Act provides that a divorce may be granted to the spouse or spouses on the ground that there has been a breakdown of the marriage. Breakdown of a marriage is established only if:

​

• The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or ​

• The spouse against whom the divorce proceeding is brought has

  • committed adultery, or ​

  • treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. 

​

If you and your former spouse were never married, or are legally married and opting to separate as opposed to divorce, the Family Law Act is used to settle disputes.

​

A divorce is obtained through an application, either made unilaterally or jointly with your spouse. In Ontario, a divorce is finalized once a judge has granted a divorce order. You must then apply for a Certificate of Divorce if either spouse is intending to remarry. 

​

The court will not grant a divorce order until you and your spouse have made plans for parenting and financial support.

​

Contested vs. Uncontested Divorce

 

When going through a divorce, it can be contested or uncontested. 

​

• Contested: A divorce is contested when the spouses do not agree with some or all of the issues raised by the divorce. Some of the most common disagreements in divorce proceedings are over child and spousal support, the children's residential schedule and parenting plan, and division of property. Contested divorces are often far more complicated and can be much longer, as they frequently lead to litigation. In a contested divorce, both spouses must file court documents setting out their positions with respect to the issues in dispute. 

​

• Uncontested: A divorce is uncontested when both parties agree to all the issues raised by the divorce or where the only relief claimed is a divorce. This situation is less costly and can make for a relatively quick divorce. In uncontested divorce proceedings, either spouse may start a divorce by filing a simple divorce application with the Ontario Superior Court of Justice and serving the other spouse. Sometimes you can file a joint application for divorce. Where the only relief claimed is a divorce, and a respondent has not served an Answer, the divorce will initially proceed on affidavit evidence alone, without a court appearance. However, disagreeing on even one aspect of your divorce is enough for a divorce to become contested. 

​

How Long Will My Divorce Take?

​

The amount of time it takes to finish a marital dissolution can vary considerably. If the spouses are on relatively good terms and intend on working together to reach an agreement, this can go a long way toward shortening the process. On the other hand, a contentious divorce in which the spouses disagree on some or all of the issues raised by the divorce can extend the process. 

​

For more information about divorce, please contact us.