The Basics
How do I get divorced in Ontario?
At least one spouse must have lived in Ontario for 12 months before filing. You file a divorce application at the Ontario Superior Court of Justice. In most cases, you will have been separated for at least 12 months. Your lawyer prepares all the documents.
Do I need to appear in court?
For most uncontested divorces, no. The paperwork is reviewed by a judge in chambers. Contested divorces do require court appearances at various stages.
What is the difference between separation and divorce?
Separation is when at least one spouse decides the marriage is over. No court order needed. Divorce is the formal court order that ends the marriage. You need 12 months of separation before the court will grant a divorce.
Can I get divorced without my spouse’s agreement?
Yes. Canada’s no-fault divorce laws mean you do not need your spouse’s consent. If they do not respond to your application within 30 days, the process continues without them.
Property and Finances
How is property divided in an Ontario divorce?
Ontario uses equalization of net family property. Each spouse’s growth in net worth during the marriage is calculated. The spouse whose net worth grew more makes an equalization payment to the other. It is not a 50/50 split of every individual asset.
Do we have to sell the family home?
Not necessarily. One spouse can buy out the other, or you can agree to sell the home at a future date. Our lawyers help you evaluate the financial and practical pros and cons of each option.
What happens to my pension?
Pension value accumulated during the marriage is included in equalization. The pre-marriage value is deducted. Defined benefit pensions require actuarial valuation and may need a court order to divide properly.
What if my spouse is hiding assets?
Ontario law requires complete financial disclosure under oath. If we suspect hidden assets, we can compel disclosure, examine your spouse under oath, and engage forensic accountants if needed.
Support Spousal and Child
Is spousal support automatic?
No. Entitlement depends on whether the circumstances justify it typically economic disadvantage arising from the marriage, or significant financial need alongside the other spouse’s ability to pay.
How long does spousal support last?
It depends on the length of the marriage and the specific facts. The Spousal Support Advisory Guidelines provide a suggested range. Long marriages may lead to indefinite support. Shorter marriages typically attract fixed-term support.
How is child support calculated?
Using the Federal Child Support Guidelines Tables, based on the paying parent’s gross income and number of children. Special expenses like childcare and medical costs are shared proportionally on top of the base amount.
Can child support be changed?
Yes when there is a material change in circumstances, such as a significant change in income or a change in the parenting arrangement. This can be done by agreement or by a formal court motion.
Children and Parenting
What is the difference between custody and parenting time?
Under Ontario’s updated Divorce Act (2021), ‘custody’ is now called ‘decision-making responsibility who makes major decisions about the child. ‘Access’ is now ‘parenting time’ — when the child is with each parent.
Does my child get to choose which parent to live with?
Not automatically. Courts consider a child’s views, with more weight given as the child gets older. Ultimately, the decision is based on the child’s best interests not just their preference.
Can I move to another city with my children?
Not without following the proper process. Under the 2021 Divorce Act, you must give the other parent at least 60 days’ written notice of a planned relocation. If they object, a court decides whether the move is permitted.
Costs and Timelines
How much does a divorce cost in Ontario?
An uncontested divorce typically costs $1,500–$7,000 in lawyer fees, plus approximately $447 in court filing fees. A contested divorce can range from $7,000 to over $100,000, depending on the complexity and conflict involved. We give you a clear estimate at your free consultation.
How long does a divorce take?
Uncontested divorces typically take 3 to 6 months from filing. Contested divorces take 12 to 36 months or more, depending on the issues in dispute and court scheduling.
Is mediation faster than going to court?
Yes significantly. Most mediated family law matters resolve within weeks to a few months. Court proceedings often take one to three years. Mediation is also considerably less expensive.
What is a flat-fee divorce?
For straightforward uncontested divorces, some law firms including Unified LLP offer a single all-in fee that covers the entire process. You know the cost upfront. Ask about this option at your consultation.
