Divorce & Separation in Ontario:
Your Questions Answered

An uncontested divorce (where both parties agree on all issues) typically takes 4-6 months from the date you file the application. This is in addition to the one-year separation period, which must be complete before the divorce is granted (Divorce Act, s. 8(2)(a)). A contested divorce (where you disagree on custody, support, or property) can take 1-3 years or longer, depending on the complexity and the court's schedule. The fastest route is to negotiate a comprehensive Separation Agreement first, then file for an uncontested 'desk divorce.'

An uncontested 'desk divorce' typically takes 4-6 months to finalize after filing the Application. Note that you generally must be separated for one year before the final order is granted.

Not always. If your divorce is uncontested (you have a signed Separation Agreement covering all issues), you can apply for a 'simple divorce' or 'desk divorce.' This is a paperwork-only process. A judge reviews your documents and grants the divorce without a court appearance. If your divorce is contested, you will likely need to attend court for case conferences, motions, and potentially a trial.

Technically, no. You can represent yourself. However, mistakes in divorce paperwork can be expensive and difficult to fix later. Even small errors in property disclosure or support calculations can cost you tens of thousands of dollars. At Tailor Law, we offer unbundled legal services (limited scope retainers) where we handle the complex parts while you handle the simpler administrative tasks.

The first step is to document your separation date. Write it down. Tell a trusted friend or family member. This date is crucial for property valuation and the one-year divorce timeline. Next, protect your finances: open a separate bank account, monitor joint credit cards, and gather financial documents. Then, book a strategy session with a family lawyer to understand your rights and options.

Document your separation date immediately. Then, protect your finances by opening a separate bank account and gathering financial documents (tax returns, deeds). Finally, book a strategy session before moving out of the matrimonial home.

The matrimonial home has special status in Ontario. Both spouses have an equal right to possession, regardless of whose name is on the title. This means you cannot be locked out, and your spouse cannot sell the home without your consent. Do not move out without legal advice. Moving out does not end your equal right to possession of the home (Family Law Act, s. 19(1)) or your equalization rights, but it can affect your negotiating position and day-to-day arrangements. The home's value on the separation date is used to calculate Equalization.

Both spouses have an equal right to possession of the matrimonial home, regardless of whose name is on the title. You cannot lock your spouse out without a court order. The home's value is usually shared through the Equalization Payment.

Ontario uses an 'equalization' system. You calculate each spouse's Net Family Property (NFP): the value of all assets on the separation date, minus debts, minus the value of assets brought into the marriage (excluding the matrimonial home). The spouse with the higher NFP pays half the difference to the other spouse. This is not a 50/50 split of assets — it is an equalization payment.

Immediately: (1) Open a new bank account in your name only. (2) Redirect your paycheque to the new account. (3) Monitor joint credit cards and lines of credit. (4) Gather all financial documents: tax returns, bank statements, investment statements, mortgage documents, credit card statements. (5) Change your passwords for online banking and investment accounts. (6) Do not hide assets or transfer money to family members — this will be discovered.

Ontario no longer uses the term 'custody.' The law now refers to 'decision-making responsibility' (who makes major decisions about the child's health, education, religion) and 'parenting time' (where the child lives and when). The court's only consideration is the best interests of the child. There is no presumption that mothers get custody. Fathers have equal rights.

Child support is calculated using the Federal Child Support Guidelines. The amount is based on the paying parent's gross annual income and the number of children. In addition to the table amount, parents may also share 'Section 7 expenses' (childcare, extracurricular activities, medical expenses) proportionate to their incomes.

Maybe. Spousal support is not automatic. It depends on: (1) Need: Does your spouse need financial assistance? (2) Ability to pay: Can you afford to pay? (3) Entitlement: Is there a legal basis for support (length of marriage, economic disadvantage from the marriage, childcare responsibilities)? Spousal support is highly negotiable and fact-specific.

You can still get divorced. If your spouse refuses to sign documents or participate in the process, you can apply for a divorce on your own. You must serve them with the divorce application. If they do not serve and file an answer within the required time, the case can go ahead without them and the divorce can be decided on affidavit evidence (Family Law Rules, rr. 10(5), 1(8.4), 36(5)).

It depends on what you want to change. Child support and parenting arrangements can be changed if there is a material change in circumstances (job loss, relocation, child's needs change). Spousal support can also be changed if circumstances change significantly. Property division is final and cannot be changed except in rare cases of fraud or failure to disclose assets.

Asset hiding is illegal and can result in severe penalties. If you suspect your spouse is hiding assets, we can use legal tools to uncover them: (1) Financial Statement sworn under oath, (2) Questioning (examination under oath), (3) Court orders for documents held by banks and other non-parties (Family Law Rules, r. 19(11)), plus tax returns and corporate documents, (4) Forensic accounting.

Your safety is the priority. If you or your children are in immediate danger, call 911. You can apply for a restraining order or a non-communication order in family court. You can also apply for exclusive possession of the matrimonial home, which removes your spouse from the home.

Yes. Ontario is a no-fault jurisdiction. Dating during separation does not affect property division. It can matter elsewhere: adultery is a ground for divorce (Divorce Act, s. 8(2)(b)(i)), and living with a new partner can affect spousal support. However, be cautious about introducing a new partner to your children too quickly, as this can be used against you in custody disputes.

Yes. Ontario family law is no-fault. Adultery does not affect property division or support obligations. Child support is based on income and the Federal Guidelines. Spousal support is based on need, ability to pay, and entitlement.

Yes, but it is more complicated. You must make reasonable efforts to locate your spouse. If you cannot find them, you can apply for substituted service (serving the divorce papers by publishing a notice in a newspaper or posting on social media).

Yes. If reasonable efforts to locate them fail, you can apply for 'Substituted Service' (e.g., serving via social media or newspaper notice) to proceed with the divorce in their absence.

Not automatically. Property you inherited during the marriage is excluded from Equalization, as long as you kept it separate from marital assets. If you deposited the inheritance into a joint account or used it to pay down the mortgage on the matrimonial home, it may lose its protected status.

Not automatically. Inheritance received during marriage is excluded from division if it was kept separate (not deposited into a joint account or used to pay down the matrimonial home mortgage).

An uncontested divorce with a signed Separation Agreement can cost $1,500-$3,000 in legal fees plus court filing fees. A contested divorce can cost $15,000-$50,000+ per party, depending on the complexity and length of the litigation.