Divorce — Ontario
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?
Canada has one ground for divorce: breakdown of the marriage. The standard way to prove it is living separate and apart for one year — about 95% of divorces take that route. Adultery and cruelty still exist as grounds in the statute, but they're rarely used because they complicate the case without changing the outcome.
The system is no-fault. Why the marriage ended does not change how property, support, or parenting gets decided. You do need to be legally married to be divorced — common-law couples just separate.
One residency rule: at least one spouse must have lived in the province where you file for one year or more. Once granted, the divorce becomes final after 31 days.
When does it apply?
Applies to legally married couples in Canada.
- At least one spouse needs to have been resident in the province where you file for one year or more.
- You can be "separate and apart" under the same roof — moving out is not required to start the clock.
What to Do If You Want to Get Divorced in Canada
- Confirm residency. One year in the province is the threshold.
- Document the separation date — that's when the one-year clock starts.
- File at provincial Superior Court. Joint applications are faster than contested ones.
- Resolve parenting, support, and property through negotiation or mediation first; court only if those fail.
- Default to out-of-court options. The 2021 amendments to the Divorce Act actively push collaborative resolution.
What should you NOT do?
- Don't assume you must move out. Same-roof separation is recognised.
- Don't hide assets. Full financial disclosure is a legal duty, and the court can reverse undisclosed transactions.
- Don't use the kids as leverage. Courts notice. It will cost you parenting time.
- Don't ignore divorce papers. The court can proceed without you if you don't respond.
- Don't expect adultery or cruelty to change the deal. No-fault means the reason for the breakdown doesn't affect property or support.
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
What is the divorce right in Canada?
Canada has one ground for divorce: breakdown of the marriage. The standard way to prove it is living separate and apart for one year — about 95% of divorces take that route. Adultery and cruelty still exist as grounds in the statute, but they're rarely used because they complicate the case without changing the outcome.The system is no-fault. Why the marriage ended does not change how property, support, or parenting gets decided. You do need to be legally married to be divorced — common-law couples just separate.One residency rule: at least one spouse must have lived in the province where you f...
When does divorce apply?
Applies to legally married couples in Canada.At least one spouse needs to have been resident in the province where you file for one year or more.You can be "separate and apart" under the same roof — moving out is not required to start the clock.
What should I do if I want to start the divorce process in Canada?
Confirm residency. One year in the province is the threshold.Document the separation date — that's when the one-year clock starts.File at provincial Superior Court. Joint applications are faster than contested ones.Resolve parenting, support, and property through negotiation or mediation first; court only if those fail.Default to out-of-court options. The 2021 amendments to the Divorce Act actively push collaborative resolution.
What mistakes should I avoid with divorce?
Don't assume you must move out. Same-roof separation is recognised.Don't hide assets. Full financial disclosure is a legal duty, and the court can reverse undisclosed transactions.Don't use the kids as leverage. Courts notice. It will cost you parenting time.Don't ignore divorce papers. The court can proceed without you if you don't respond.Don't expect adultery or cruelty to change the deal. No-fault means the reason for the breakdown doesn't affect property or support.
Divorce in other states
Same topic, different jurisdiction. Pick the one that applies to you.