In Ontario, divorce is the legal process that ends a marriage. To obtain a divorce, one must apply to the court and demonstrate that the marriage has broken down irreparably. The most common grounds for divorce include:

• Separation for at least one year (most common ground)

• Adultery

• Cruelty or abuse

Once a divorce is granted, both spouses are legally free to remarry.

A divorce can involve various legal matters that must be addressed, including:

• Child Custody & Access – Determining parenting arrangements and decision-making responsibilities for children.

• Child Support – Ensuring financial support for children based on provincial guidelines.

• Spousal Support – Assessing financial support obligations between spouses.

• Division of Property – Equitably dividing marital assets and debts, including real estate, pensions, and other financial assets.

• Matrimonial Home – Deciding on the rights to reside in or sell the shared family home.

• Uncontested Divorce – When both spouses agree on all terms, leading to a faster and more cost-effective resolution.

• Contested Divorce – When spouses disagree on key issues, requiring negotiation, mediation, or court intervention.

1. Filing a Divorce Application – Submitting the necessary documents to the court.

2. Serving the Other Spouse – Providing the spouse with the divorce application.

3. Responding to the Application – The other spouse may agree or contest the divorce.

4. Negotiation or Mediation – Resolving disputes outside of court when possible.

5. Court Proceedings – If required, a judge will make decisions on outstanding issues.

6. Divorce Order – Once all matters are settled, the court grants a divorce order.