Getting divorced in Ontario is a legal process governed by the federal Divorce Act. While simple uncontested divorces can be completed without going to court, understanding the full process helps you navigate it efficiently and protect your rights.
Step 1: Separation
Before filing for divorce in Ontario, you must be separated from your spouse for at least one year. You can be separated while living in the same home if you have genuinely separated your lives — sleeping separately, not sharing meals, and telling others you've separated.
Step 2: Resolve or Identify Outstanding Issues
Before or during the divorce process, you'll need to address: property division, support obligations (spousal and child), parenting arrangements, and the matrimonial home. These can be resolved through negotiation, mediation, or court.
Step 3: File for Divorce
File an Application for Divorce at the Superior Court of Justice in Ontario. The filing fee is $204 (plus $104 if the other spouse must be served). An uncontested divorce is filed jointly or as a sole application if you're both in agreement on all issues.
Step 4: Serve Your Spouse
If filing a sole application, your spouse must be formally served with the divorce papers and given an opportunity to respond within 30 days (60 days if outside Canada).
Step 5: Obtain the Divorce Order
Once all requirements are met and the court is satisfied, a judge reviews the application and grants a Divorce Order. This typically happens without either party appearing in court for uncontested divorces. The divorce becomes final 31 days after the order is granted.
Timeline
An uncontested divorce with no outstanding issues: 4-6 months. Contested divorce requiring court hearings: 1-3+ years.