What divorce means
- Divorce legally ends a marriage. Parenting, child support, spousal support, and property are related but separate issues that you usually settle before a judge grants the divorce order.
Who can apply for divorce in Ontario
- You apply in the Ontario family court that handles divorces.
- At least one spouse must live in a Canadian province or territory, and you must use the forms and rules for your province.
Grounds for divorce
- You must show the marriage has broken down in one of three ways:
- You lived separate and apart for at least one year.
- Adultery.
- Physical or mental cruelty.
- Most people use the one-year separation ground because it is simpler to prove.
Kids and the family law
- When a court makes parenting or contact orders, it must put the child’s best interests first. Safety and well-being come before everything else.
Types of divorce in Ontario
- Joint divorce: you file together. It is usually the most straightforward if you agree on everything.
- Simple (uncontested) divorce: one spouse files for divorce only, and the other does not oppose.
- Contested divorce: there are disagreements that a judge must decide.
- Ontario provides checklists for simple and joint divorces so you know which forms to file. ontariocourtforms.on.ca
What you need before filing
- Your original marriage certificate or an acceptable copy.
- Basic details such as date of marriage and separation.
- If there are children, a plan for parenting and child support that follows the Federal Child Support Guidelines. The Federal Child Support Guidelines: Step-by-Step
How the process works
- Decide if you will file jointly or alone. Use the correct forms for Ontario.
- Complete the forms. For simple or joint divorce, Ontario publishes form checklists that include Form 8A (Application) and Form 36 (Affidavit for Divorce). ontariocourtforms.on.ca+1
- File your documents. You can file most family court documents online in Ontario, including simple or joint divorce applications. Court fees apply. ontario.ca
- Serve the other party if you filed alone. Follow the Family Law Rules for service. ontario.ca
- Wait for the court to review. If everything is in order and uncontested, a judge can grant a divorce order without a hearing. Timing varies.
Child support basics
- The Federal Child Support Guidelines set the base child support amount, usually using the payor’s income and number of children. There are adjustments for special expenses and parenting time. Worksheets and examples are available.
- Learn more: https://plslawyers.ca/children-supervision-in-family-law/
Spousal support basics
- Courts often use the Spousal Support Advisory Guidelines to estimate amount and duration. These guidelines are not law, but judges and lawyers rely on them a lot. Facts like income, length of relationship, roles during the relationship, and child care affect outcomes.
- Learn more: https://plslawyers.ca/divorce/spousal-support/
Common timelines
- If you file on the one-year separation ground, the separation period must reach one year before the court grants the divorce. You can still file earlier and let the year run while your case is processed.
Common mistakes to avoid
- Filing the wrong forms or missing affidavits.
- Asking for a divorce order without sorting out child support first.
- Serving documents the wrong way in a simple (one-party) application.
- Assuming adultery or cruelty changes property division or guarantees more money. It usually does not.
Quick checklist
- Choose joint or simple application
- Get your marriage certificate.
- List separation date and current addresses.
- If you have kids, confirm child support under the Guidelines.
- Complete and file the forms online or at court.
- Serve your spouse if filing alone, then submit your affidavit for divorce.
Where to get official help and forms
- How to apply for a divorce in Canada: Department of Justice. Department of Justice Canadade
- File family court documents online in Ontario. ontario.ca
- Ontario joint and simple divorce checklists and forms. ontariocourtforms.on.ca
- Federal Child Support Guidelines step-by-step guide. Department of Justice Canada
- Spousal Support Advisory Guidelines overview. Department of Justice Canada
This is general information, not legal advice. If your case involves family violence, relocation, complex property, or disagreement about children, speak with a family lawyer. Need urgent safety help, call 911.
If you’re considering divorce in Ontario, you don’t have to navigate it alone. The lawyers at PLS can guide you through every step, ensuring your rights are protected and your questions are answered. Book a consultation today and get the clarity you need.
