Divorce in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In Canada there is only one legal ground for divorce: breakdown of the marriage. The most common way to prove this is living separate and apart for one year — about 95% of divorces use this route. You can also claim adultery or cruelty, but these are rarely used.
Canada has a no-fault system. The reason for the breakup does not affect how property, support, or parenting is decided. You must be legally married to get a divorce — common-law couples separate without one.
At least one spouse must have lived in the province where you file for at least one year. Once the court grants the divorce, it becomes final after 31 days.
When does it apply?
This applies to legally married couples in Canada.
- At least one spouse must have been a resident of the province where the divorce is filed for one year or more.
- You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What should you do?
- Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.
- Start the separation clock — document the date you began living separate and apart.
- File at provincial Superior Court — you can file jointly (together) or as a sole applicant.
- Resolve parenting, support, and property through negotiation, mediation, or court if needed.
- Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What should you NOT do?
- Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.
- Don't hide assets — both spouses have a legal duty of full financial disclosure.
- Don't use children as bargaining chips — courts take this seriously and it can hurt your case.
- Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.
- Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
How Ontario differs from federal law
Divorce in Canada is governed by the federal Divorce Act, but Ontario courts handle the process and Ontario has its own rules on property division, support, and procedure.
- You apply for divorce through the Ontario Superior Court of Justice (Family Branch). Most Ontario courthouses have a Family Law Information Centre (FLIC) where you can get free information and referrals.
- Ontario requires couples with children under 18 to attend a Mandatory Information Program (MIP) before the case can proceed. This free session explains the court process, mediation options, and the impact of separation on children.
- Ontario strongly encourages alternative dispute resolution. Many issues can be settled through mediation, collaborative family law, or arbitration without a trial. Some Ontario courthouses require a case conference before any motion can be brought.
- An uncontested divorce (both spouses agree on everything) can be done with paperwork only — no court appearance needed. Contested divorces go through case conferences, settlement conferences, and trial if necessary.
- Ontario court fees are set by O. Reg. 293/92 under the Administration of Justice Act. Fee waivers are available for people who cannot afford them.
Additional Steps in Ontario
Visit the Family Law Information Centre at your local courthouse for free information. If you have children, register for the Mandatory Information Program early. Forms are available at ontariocourtforms.on.ca. For uncontested divorce, you can use the simplified procedure. Legal Aid Ontario provides family law legal aid certificates for eligible individuals. Many communities also have Family Law Service Providers who offer free legal advice clinics — check legalaid.on.ca.
Relevant Law: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.); Family Law Rules, O. Reg. 114/99; Courts of Justice Act, R.S.O. 1990, c. C.43
Common Questions
When does divorce apply?
This applies to legally married couples in Canada.At least one spouse must have been a resident of the province where the divorce is filed for one year or more.You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What should I do about divorce?
Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.Start the separation clock — document the date you began living separate and apart.File at provincial Superior Court — you can file jointly (together) or as a sole applicant.Resolve parenting, support, and property through negotiation, mediation, or court if needed.Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What mistakes should I avoid with divorce?
Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.Don't hide assets — both spouses have a legal duty of full financial disclosure.Don't use children as bargaining chips — courts take this seriously and it can hurt your case.Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
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