Ending a marriage is rarely a single decision. It is a series of them, made over days, months, sometimes years. And once you have made the hardest one, a new set of questions moves in immediately.
What happens now? Where do you even begin? How long will this take?
In my years of practising family law in the GTA, those three questions come up in almost every first conversation I have with a client considering divorce. The process can feel overwhelming before you understand it. Once you do, it becomes manageable.
This guide covers eligibility, grounds, the divorce process in Ontario step by step, and what needs to be in place before a divorce order is granted.
Are You Eligible to File for Divorce in Ontario?
Two requirements need to be confirmed before anything else.
Residency: You or your spouse must have lived in Ontario for at least one year immediately before filing. This gives Ontario courts the jurisdiction to hear your case.
Marital status: Only married couples can get a divorce, and only a court can grant one. The Divorce Act does not cover common-law partners. Their rights fall under Ontario’s Family Law Act, and I would urge anyone in this situation to speak with a lawyer to understand what they are entitled to.
What Are the Grounds for Divorce in Ontario?
Under the Divorce Act, marriage breakdown is the only legal ground for divorce. You can establish it in one of three ways: one year of separation, physical or mental cruelty, or adultery.
The vast majority of clients proceed on the one-year separation ground. It requires no proof of fault and is far less adversarial than the alternatives.
One point worth understanding clearly: living "separate and apart" does not necessarily mean living in separate residences. You can be living under the same roof due to economic or other reasons and still be considered separated in the eyes of the law. What matters is that both parties treat the marriage as over.
Contested vs. Uncontested Divorce in Ontario
An uncontested or joint divorce means both spouses agree on all major issues. This type of divorce is typically faster, less expensive, and less stressful since there is no need for court battles. The proportion of couples filing jointly has increased steadily from 4% in 1987 to 31% in 2020, reflecting a shift toward more collaborative separations, especially when children are involved.
A contested divorce is a different matter. When spouses cannot agree on parenting time, decision-making responsibility, spousal support, or property division, those disputes must be resolved through negotiation, mediation, or before a judge. Even relatively simple contested divorces generate significant legal fees, and complex disputes involving children, significant assets, or lengthy trials can cost considerably more. The more you can agree on before stepping into the process, the better the outcome tends to be for both parties.
The Step-by-Step Divorce Process in Ontario
Step 1: Separate and start the clock
The one-year period begins the moment both parties consider the marriage over. This is also the right time to get legal advice. Decisions made in the early weeks of separation, what is agreed to informally, what is signed without careful review, can be difficult and expensive to undo.
Step 2: Gather your documents
You will need your original marriage certificate. If you were married in Ontario and do not have it, it is available from ServiceOntario. If the certificate is not in English, a certified translation is required. Sorting this early prevents avoidable delays.
Step 3: Prepare and file the application
For a simple or joint divorce, you file Form 8A (Application for Divorce) if seeking divorce only, or Form 8 (Application General) if also seeking child support, spousal support, or property claims. These are filed at the Ontario Superior Court of Justice. Errors in the forms are among the most common reasons files stall, so having a lawyer review them before submission is always worth it.
Court filing fees total $669, paid in two installments: $214 when filing the Application and $445 when submitting the Affidavit for Divorce. A fee waiver is available for those who qualify.
Step 4: Serve your spouse
Your spouse must be formally served once the application is filed. If they do not reply within 30 days of being served, or 60 days if outside Canada, you can file a Request to Note in Default and proceed on an uncontested basis.
Step 5: Central Registry Check
The court contacts the federal Department of Justice's Central Registry of Divorce Proceedings to obtain a Clearance Certificate, confirming no other divorce cases have been started in Canada for you and your spouse. The divorce cannot be granted until this Certificate is received.
Step 6: The Divorce Order
Once the Ontario Superior Court of Justice is satisfied that all requirements are met, including reasonable child support arrangements where children are involved, the divorce order is granted. It takes effect 31 days after it is made, allowing either party to appeal within that window.
Step 7: Request your Certificate of Divorce
The Certificate of Divorce is proof of the date your divorce took effect. Either party may request it from the court for a $25 fee. It is worth requesting even if remarriage is not a consideration. You may need it years from now.
If You Are in an Unsafe Situation
If there is a threat of violence or abuse, do not follow the standard process. Under s.46(1) of Ontario's Family Law Act, you can apply for a restraining order on an urgent basis without the other party present. Speak with a family lawyer before taking any steps. If you are in immediate danger, call 911.
How Long Does It Take?
The average length of divorce proceedings in Canada is 4 to 6 months for an uncontested case, once the one-year separation is complete. In my GTA practice, I advise clients to expect closer to the longer end of that range, given court volumes in Toronto. Contested matters can take well over a year.
Pandemic-era backlogs have eased, but median processing time returned to 134 days in 2023/2024, so accurate, complete documentation from the outset is the most reliable way to keep your case moving.
What Needs to Be in Place Before Your Divorce Order Is Granted
A divorce order will not be issued until parenting, property, and support are dealt with. These need to be actively addressed, either through a separation agreement or as part of your application.
1. Decision-making responsibility and parenting time:
The 2021 amendments to the Divorce Act replaced "custody" and "access" with "decision-making responsibility" and "parenting time," reflecting a shift toward child-focused language. Child support is calculated under the federal Child Support Guidelines. The court will not grant a divorce until satisfied that reasonable arrangements are in place.
2. Property Division:
Under Ontario's Family Law Act, married spouses have an automatic entitlement to share equally in the wealth accumulated during the marriage. The equalization process accounts for each spouse's assets at separation, minus debts and certain excluded property. Inheritances and gifts can be excluded, but only if they have been kept separate from joint assets and have not been used toward the matrimonial home.
3. Spousal support:
Determined under the Spousal Support Advisory Guidelines, factoring in the length of the marriage, each spouse's income, and the roles each played. It can be set through a separation agreement in Ontario or a court order and varied later if circumstances change materially.
A separation agreement is not required before filing, but I encourage most clients to have one in place before the divorce is finalized. Once signed, it is legally binding and enforceable.
When Do You Need a Lawyer?
You are not legally required to hire one, and some people do manage straightforward, uncontested divorces on their own. That said, family law is an area where what you do not know tends to surface later, often at high cost. Clients who come to me mid-process to fix a problem frequently spend more than they would have spent getting proper advice from the start.
The cost of legal representation varies depending on your circumstances and the issues involved. The best way to understand what your case will require is to have an initial conversation with a family lawyer.
You Do Not Have to Figure This Out Alone:
Ontario's family law system is detailed, but it is workable. At GTA Divorce Lawyers, we have guided clients through this process at every level of complexity, from straightforward uncontested filings to high-conflict contested matters involving significant assets and parenting disputes. In every case, the clients who came in informed and prepared moved through it with less stress and better outcomes.
If you have questions about your situation or want to understand what lies ahead, get in touch with us at GTA Divorce Lawyers.
