Divorce in Ontario: What You Need to Know

Divorce is never an easy decision, and in Ontario, Canada, it can be an overwhelming process if you are not well-informed. But what if I told you that understanding the key elements of divorce law could simplify the process and ease your stress?

In Ontario, divorce is governed by both federal and provincial laws, specifically the Divorce Act of Canada and the Family Law Act of Ontario. However, before diving into the legal technicalities, you need to ask yourself a simple question: Am I eligible for divorce in Ontario?

Who Can File for Divorce in Ontario?

The eligibility criteria are straightforward. To file for divorce, at least one of the spouses must meet the following conditions:

1. Residency Requirement: One spouse must have lived in Ontario for at least one year before applying for divorce.
2. Grounds for Divorce: Canada only recognizes three grounds for divorce under the Divorce Act:
   • Separation for at least one year.
   • Adultery.
   • Cruelty (physical or mental).

Most people in Ontario file for no-fault divorce, which is based on the ground of separation. This means that you and your spouse have been living apart for at least one year before the divorce is finalized.

The Process of Getting a Divorce

Once you have determined that you are eligible, you’ll need to follow these steps:

1. Filing the Application

• You’ll start by submitting a divorce application in the Ontario Superior Court of Justice.
• In your application, you can choose whether to file for a joint divorce, simple divorce, or contested divorce.
  • Joint divorce: Both spouses agree on all matters and file together.
  • Simple divorce: One spouse applies without making any additional claims for child support, spousal support, or property division.
  • Contested divorce: One spouse applies, and there are disputes regarding child custody, property division, or support.

2. Serving the Divorce Papers

• If you file for a simple or contested divorce, the next step is to serve your spouse with divorce papers, notifying them of your application.
• You can hire a process server or a friend over 18 to deliver the papers.
• If your spouse agrees to the divorce, they can sign and return the papers without further complications. If not, a contested divorce may follow, involving court proceedings.

3. Separation Agreement

• A separation agreement is not required for a divorce but is highly recommended if you have children, property, or debts.
• This legally binding document outlines your mutual decisions on matters such as custody, access, child support, and division of property. Having a separation agreement makes the divorce process smoother and quicker.

4. Finalizing the Divorce

• The court will grant a Divorce Order after you and your spouse have met all legal requirements. The divorce becomes final 31 days after the court issues the order.
• If you filed for a contested divorce, the court may take more time to review the case and settle disputes before granting a final order.

Common Mistakes to Avoid During Divorce

Now that you know the steps, let’s focus on some mistakes people make during the divorce process in Ontario that can make the situation worse:

1. Ignoring Financial Disclosure: In any divorce involving spousal or child support, you must provide full financial disclosure. Hiding assets or failing to disclose income can result in legal penalties or even loss of property.

2. Skipping Mediation: Many divorces can be settled through mediation, avoiding the lengthy and costly court process. Couples often skip this step and head straight to court, which can lead to bitter confrontations and increased costs.

3. Rushing into New Relationships: The temptation to start fresh with a new partner can be overwhelming, but this can complicate your divorce, particularly if child custody or support is contested.

4. Not Considering the Impact on Children: Divorce is hard on kids. Failing to address their emotional and psychological needs can result in long-term issues. Courts in Ontario prioritize the best interests of the child, so creating a well-thought-out parenting plan is essential.

Child Custody and Support in Ontario

Ontario courts prioritize the best interests of the child when determining custody and support arrangements. Parents are encouraged to create a parenting plan, which outlines who will make decisions about the child’s education, health care, and general welfare.

Custody in Ontario can be:

• Sole Custody: One parent has full legal and physical custody of the child.
• Joint Custody: Both parents share custody, though the child may live primarily with one parent.
• Shared Custody: Both parents spend at least 40% of their time with the child.

Child support is determined by the Federal Child Support Guidelines and is based on the non-custodial parent’s income and the number of children involved.

Tip: Failing to pay child support can lead to serious legal consequences. The Family Responsibility Office (FRO) is responsible for enforcing child support orders in Ontario. They can garnish wages, seize property, or even suspend the payer's driver's license if support payments are not made.

Property Division in Ontario

Ontario follows the principle of equalization of net family property. This means that when a couple divorces, they must divide the increase in their assets during the marriage equally. However, certain types of property, like gifts, inheritances, or personal injury awards, may be excluded from this division.

Each spouse completes a financial statement listing their assets and debts at the time of marriage and at the time of separation. The difference between these two values is called net family property, and each spouse is entitled to half of the combined total increase.

Legal Costs and Timeframe for Divorce

How long does it take to get a divorce in Ontario? On average, a simple divorce can take about four to six months, provided both spouses agree on the terms. If the divorce is contested, the process can stretch to over a year, especially if custody, property, or support issues are unresolved.

The cost of divorce varies depending on the complexity of the case. A simple divorce may cost as little as $632 CAD in court fees, while a contested divorce can cost several thousand dollars in legal fees, depending on the extent of disputes and the duration of court proceedings.

Conclusion: A Clear Path Forward

Divorce is undeniably one of the most emotionally and financially draining experiences one can face. However, with a clear understanding of Ontario’s divorce process, you can navigate the journey with greater confidence. By focusing on open communication, mediation, and a child-centered approach, you can reduce the conflict and come to a resolution that works for both parties.

Ontario’s divorce process may seem daunting, but with the right legal guidance and emotional support, you’ll get through it—one step at a time.