10 Things You Need to Know About Divorce in Ontario
Divorce can feel like the whole world is crashing down around you, but the law in Ontario has clear parameters about what is to happen. Whether you’re just thinking about separation or already in the process, understanding the rules helps you make informed choices. Here are ten key things you should know about divorce under the Divorce Act (and other acts and guidelines) in Ontario.
1. What Legally Counts as a Marriage
To get a divorce in Canada, you must have a valid marriage. That means your marriage must meet the legal requirements under the Civil Marriage Act. Since 2005, this includes same-sex marriages, which are fully recognized in Canada. If your marriage was legally valid in the country where it took place, it will usually be recognized here too.
2. The Divorce Act Covers Three Types of Proceedings
Divorce law isn’t just about ending a marriage. The Divorce Act covers:
- Divorce (ending the marriage itself),
- Corollary relief (related claims such as custody, parenting, child support, or spousal support), and
- Variation proceedings (changing an existing order if circumstances have shifted).
This means when you file for divorce, you can also deal with parenting arrangements and financial support at the same time.
3. Jurisdiction: Where You Can File for Divorce
Not every court can hear a divorce case. To apply in Ontario, you or your spouse must have lived here for at least one year before starting the application. If you got divorced in another country, Canadian law may limit what you can claim afterward — for example, you may be unable to ask for spousal support if that foreign divorce is recognized.
4. Parents Have a Duty to Protect Children from Conflict
The Divorce Act makes it clear: separating spouses must shield children from conflict. Parents are expected to make decisions in the best interests of their children and avoid exposing them to hostility between adults. Courts take this duty very seriously, and failing to meet it can affect custody and parenting decisions.
5. The Only Ground for Divorce: Breakdown of Marriage
Canada has one legal ground for divorce: marriage breakdown. This can be shown in three ways:
- Living separate and apart for at least one year,
- Adultery by the other spouse, or
- Cruelty that makes it impossible to continue living together.
Most divorces are granted based on one year of separation, because it is the simplest and least confrontational option.
6. What “Living Separate and Apart” Means
You don’t need two homes to be “separated.” Courts look at factors such as whether you sleep in the same bedroom, cook or eat together, or present yourselves publicly as a couple. If you’re living separate lives under the same roof, that can still count as separation.
7. Reconciliation Doesn’t Always Reset the Clock
Sometimes separated spouses try to reconcile. The law allows you to live together again for up to 90 days while attempting reconciliation, without losing your separation period. If reconciliation fails, the time apart before and after can be added together toward the one-year separation requirement.
8. Adultery and Cruelty as Alternative Grounds
You don’t have to wait a year if you can prove adultery or cruelty. However, these grounds often involve conflict, proof problems, and longer trials. Many spouses choose the one-year separation route to avoid the stress and cost of litigating fault-based claims.
9. Lawyer Duties: Talking About Reconciliation
When you speak with a family lawyer, they are legally required to discuss the possibility of reconciliation with you. Lawyers must make sure clients understand that counseling, mediation, or other steps might repair the relationship. This duty reflects the law’s goal of preserving marriages where possible.
10. Court Duties: Encouraging Settlement and Protecting Children
Courts also play a role. Judges must be satisfied that reconciliation is not possible before granting divorce. They must also ensure that reasonable arrangements are made for the support of children before signing off. This prevents divorces from being finalized where children’s financial needs are ignored.
Final Thoughts
Divorce in Ontario is based on clear rules, but every family’s situation is unique. The law balances three priorities: protecting children, ensuring fair support, and allowing spouses to move forward once a marriage has broken down. If you are considering separation or divorce, it’s wise to get legal advice early. A lawyer can explain your rights, help you make parenting or financial plans, and ensure the process moves smoothly.
