What to Expect (And What No One Tells You)
The word “divorce” is heavy — emotionally, legally, and sometimes financially. But if you’re starting to look into the divorce procedure in Ontario, chances are you’re ready for clarity, not confusion. You want to understand what comes next, how it all works, and what your rights and responsibilities are. And you’re not alone. Thousands of people in Ontario go through this process every year — not because they failed, but because they’re choosing something better for themselves and their future.
Let’s break it down step by step, in plain language, with a bit of compassion along the way.
Step 1: Separation
In Ontario, divorce doesn’t start with filing papers — it starts with separation. This means you and your spouse are living “separate and apart.” That doesn’t always mean living in different homes. You can be separated under the same roof if there’s a clear end to the relationship, and no shared activities, finances, or intimacy.
To get divorced, you must typically be separated for at least one full year, unless you’re applying on the grounds of adultery or cruelty — which are rare and often harder to prove.
If you’re not sure how to formally separate or whether your current living situation qualifies, a lawyer can help you understand your status. You can also get started with a free consultation to talk through your specific case.
Step 2: Resolving Key Issues
Before filing for divorce, it’s smart — and sometimes necessary — to address the major legal issues that come with separation. These may include:
- Parenting time and decision-making responsibilities
- Child support
- Spousal support
- Division of property and debts
- Living arrangements and possession of the family home
You can resolve these through a separation agreement, which is a legally binding contract between you and your spouse. Many couples work with lawyers or mediators to draft one that’s fair and enforceable.
If you need help preparing a separation agreement, you can review our pricing page or reach out through our contact page.
Step 3: Filing for Divorce
Once you’ve been separated for at least one year, you can file for divorce. This is done through the Ontario Superior Court of Justice. There are two basic options:
- Uncontested divorce: You and your spouse agree on all major issues, and only need a court order to legally end the marriage.
- Contested divorce: There are unresolved issues, and you need the court to make decisions on your behalf.
In most cases, people aim for an uncontested divorce — it’s faster, cheaper, and less stressful.
To file, you’ll need:
- A marriage certificate
- Completed court forms (including Form 8: Application)
- Payment of court filing fees (currently $669 total)
- Proper service of documents to your spouse
You can do this yourself, or hire a lawyer to handle it. Even in a simple divorce, many people choose legal help to avoid paperwork errors or delays.
Step 4: Waiting for the Divorce Order
Once your documents are filed and your spouse has had a chance to respond (or not respond, in the case of an uncontested divorce), the court will review your file.
If everything is in order, the judge will issue a divorce order. After that, there’s a 31-day waiting period before the divorce becomes final. At that point, you can request a Certificate of Divorce, which is your official proof that the marriage has legally ended.
The whole process, from filing to final certificate, takes about 4 to 6 months in uncontested cases — longer if things are contested or delayed by missing paperwork.
Common Questions About the Divorce Procedure in Ontario
Q: Do I need a lawyer to get divorced in Ontario?
No, but it’s highly recommended — especially if children, property, or support are involved. Even if you’re handling things yourself, it’s smart to have a lawyer review your separation agreement before filing.
Q: Can I get divorced without my spouse’s consent?
Yes. You don’t need your spouse’s agreement to get a divorce — you only need to show that you’ve been separated for one year and meet the legal requirements.
Q: What if I can’t find my spouse?
You can still apply, but the court will require you to show you made reasonable efforts to locate them. In some cases, you may be allowed to serve documents by email, mail, or even newspaper notice.
Q: Can we be separated and still live in the same house?
Yes — as long as you live separate lives under the same roof. This means no shared meals, finances, or intimacy, and ideally separate rooms.
Q: What’s the difference between a legal separation and divorce?
Separation means you’re living apart and no longer functioning as a couple. Divorce is the legal termination of the marriage. You can be separated without being divorced — but you can’t remarry unless you’re legally divorced.
Final Thoughts
Understanding the divorce procedure in Ontario doesn’t make the process easy — but it makes it less intimidating. Whether you’re just beginning to explore your options or already working through the legal steps, knowing what to expect helps you feel more grounded and in control.
This article provides general information, not legal advice. Contact us today if you want to speak to a divorce lawyer.
Useful Links:
Family court website
Government website
Child support agreements
Parenting arrangements
Spousal support
Dividing property
Contact Us
Pricing
Free Consultation
Separation Agreements