Navigating the end of a marriage is complex. Understand the difference between ‘Simple Divorce’ and ‘Contested Litigation,’ and how to secure your rights under the Divorce Act (Canada).
Legal Review: This guide to the Ontario divorce process complies with the Divorce Act and Family Law Rules, reviewed by Deepa Tailor, Senior Family Lawyer.
Do I Need to Prove ‘Fault’ to Divorce?
No. Canada has a “No-Fault” divorce system. The only legal ground for divorce is a “Breakdown of the Marriage.”
While you can file based on Adultery or Cruelty, 99% of divorces are granted based on Separation (1 Year).
You do not need your spouse’s permission to separate, and you can live “separate and apart” even under the same roof if you lead independent lives.
Which Path Will Your Case Take?
The cost and timeline depend entirely on whether you agree on the issues.
FASTEST
Simple Divorce (Uncontested)
You and your spouse agree on everything (or there are no assets/kids). We file the Application, wait 30 days, and the Judge signs the Divorce Order. No court appearance needed.
AMICABLE
Joint Divorce
Similar to simple divorce, but both spouses sign the Application together. There is no respondent to serve, so there is no 30-day period to answer (Family Law Rules, r. 36(1)(b)), and it shows the court you are working together. The divorce still takes effect on the 31st day after it is granted (Divorce Act, s. 12(1)).
LITIGATION
Contested Divorce
You agree the marriage is over, but disagree on “Corollary Relief” (Custody, Support, Property). This requires a Case Conference, Motions, and potentially a Trial.
COMPLEX
High Net Worth Divorce
Involves business valuations, hidden assets, or international property. We engage forensic accountants to ensure accurate Equalization of Net Family Property.
Not sure which path applies to your situation?
Divorce vs. Property Division
They are legally separate issues.
The Divorce Order
This is purely the legal end of the marriage. It allows you to remarry. It does not automatically solve property issues.
Important: You can get divorced without resolving property or support issues, but this may limit your rights later.
Corollary Relief
This covers the “stuff” (House, Pension, Debts) and the “kids.” If you get a Divorce Order without first settling these issues (in a Separation Agreement or Court Order), you might lose your right to claim spousal support or equalization later.
Warning: Never finalize a divorce without addressing property division and support obligations.
Critical Timing Issue
Many people rush to “just get divorced” without realizing that certain property claims have strict time limits. Once the Divorce Order is granted, the clock is running on property claims: an equalization claim must be started within two years after the divorce or six years after separation, whichever comes first (Family Law Act, s. 7(3)). Always resolve these issues before or simultaneously with the divorce.
The Step-by-Step Process
Understanding the divorce timeline in Ontario
File the Application (Form 8A)
We draft and issue the Application for Divorce at the Superior Court of Justice. This starts the legal clock.
Service of Documents
We must serve your spouse by special service, such as handing the papers to them personally, or mailing them with an acknowledgment card that they sign and return (Family Law Rules, r. 6(3)). If they evade service, we get a court order for “Substituted Service.”
The 30-Day Window
Your spouse has 30 days to respond. If they do nothing, we proceed to “Uncontested Divorce.” If they file an Answer, the case becomes “Contested.”
The Divorce Order
Once issues are resolved (or if uncontested), a Judge reviews the file. If satisfied, they sign the Divorce Order. Your legal “Certificate of Divorce” is available 31 days later.
Timeline Varies
An uncontested divorce typically takes 4-6 months from filing to final order. A contested divorce can take 18-36 months depending on the complexity of issues and court availability.
Ontario Divorce FAQs
An uncontested divorce typically takes 4-6 months from filing to certificate. A contested divorce can take 1-3 years depending on court availability and the complexity of issues like custody, support, and property division.
Yes, as long as you have lived in Ontario for at least one year immediately preceding the application. We can serve your spouse internationally through various methods including registered mail or substituted service.
This is the exact day you told your spouse “it’s over” and stopped living as a couple. This date is critical for valuing assets and debts for Equalization. You can be separated even while living under the same roof if you lead independent lives.
Related Resources
Uncontested Divorce Packages
Fast-track your simple divorce with our streamlined process and flat-fee pricing.
Separation Agreements
Protect your rights and avoid future disputes with a comprehensive separation agreement.
Property Division & Equalization
Understand how to fairly divide assets, debts, and the matrimonial home.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor guides clients through the transition of divorce with clarity and strategy, focusing on asset protection and future stability. With extensive experience in both simple and complex divorce matters, she ensures clients understand their rights and options at every stage of the process.
Ready to Move Forward? We Make It Simple.
Whether you need a simple uncontested divorce or strategic guidance through complex litigation, our team is here to help you navigate this transition with confidence.