Family Law · Divorce

Divorce Lawyer in Toronto

Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto family law · Last reviewed: July 2026

For most people, "getting divorced" means far more than the piece of paper that ends the marriage. It means untangling a shared life, a home, savings, pensions, debts, and, above all, children, while under real emotional strain. Understanding what a divorce actually decides, and what it does not, is the first step to getting through it well.

Here is the single most important idea on this page: in Ontario, the divorce and the money-and-children issues are legally distinct. The divorce order ends the marriage. Everything else, property division, spousal support, child support, and parenting time and decision-making, is what the law calls "corollary relief," and it is often decided under a different statute and on a different timeline. At Kazandji Law, our Toronto family lawyers act for spouses on both sides of a divorce across Toronto and the Greater Toronto Area. This page explains, in plain language and with sources, exactly how divorce works in Ontario in 2026, the grounds, the residency rule, the difference between a simple, joint, and contested divorce, the step-by-step court process, and how the corollary issues fit around it. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation.

A second theme runs throughout: Canada has a no-fault divorce system. You do not need to prove your spouse did something wrong to end a marriage, and who "caused" the breakup does not change how property is divided or support is calculated.^[1] The law is concerned with the economic and parenting consequences of the separation, not with blame.

What a divorce is: and what it is not

A divorce is a court order, made by a judge, that legally dissolves a valid marriage so that each person is free to remarry. In Canada, divorce is governed by a single federal statute, the Divorce Act, which applies the same way in every province and territory.^[1] Because divorce is federal, only a superior court can grant it, in Ontario, the Superior Court of Justice (or the Family Court branch of the Superior Court).^[7]

It is easy to assume that the divorce decides everything, but it does not. The Divorce Act distinguishes between the divorce itself (ending the marriage) and corollary relief, the orders about support and parenting that can be made alongside a divorce.^[3] And a crucial category is missing from the Divorce Act altogether: the division of property. For married spouses in Ontario, property is divided under the provincial Family Law Act through a process called equalization of net family property, which is a completely separate legal question from the divorce.^[4] This is why you can be divorced yet still have an open property or support file, or resolve all of your property and parenting issues years before you ever ask a court to formally end the marriage.

Two terms are often confused:

• Separation is a factual state, you and your spouse have decided to live separate and apart and at least one of you intends the relationship to be over. You do not file anything to become separated, and you do not need a court order or a "legal separation" to be separated. Separation is what starts the clock on the one-year ground for divorce.^[1]
• Divorce is the legal end of the marriage, granted by a court order. You can be separated for years without being divorced, and many people resolve support, property, and parenting in a separation agreement long before, or without ever, obtaining a divorce.

One important limit: only married spouses can divorce. Common-law partners do not "get divorced" because there is no marriage to dissolve, but, as explained below, they still have important support and parenting rights, and sometimes property claims, when they separate.

The one ground for divorce: breakdown of the marriage

Many people expect to have to prove fault to get divorced. In fact, under section 8 of the Divorce Act there is only one ground for divorce: breakdown of the marriage. That breakdown is established in only one of three ways:^[1]

• One-year separation. The spouses have lived separate and apart for at least one year immediately before the divorce is determined, and were living separate and apart when the proceeding began (s. 8(2)(a)). This is by far the most common route.
• Adultery. The spouse against whom the divorce is sought has committed adultery since the marriage (s. 8(2)(b)(i)).
• Cruelty. That spouse has treated the other with physical or mental cruelty of a kind that makes continued cohabitation intolerable (s. 8(2)(b)(ii)).

In practice, the overwhelming majority of Ontario divorces proceed on the one-year separation ground. Adultery and cruelty must be proven and, because they can complicate and lengthen a case without changing the financial or parenting outcome (Canada is no-fault), they are used far less often. The Department of Justice puts it plainly: the only ground for divorce is marriage breakdown, shown by any one of these three criteria, and Canada has no-fault divorce.^[5]

What "separate and apart" actually means

Separation is about intention and conduct, not just addresses. The Divorce Act says spouses are treated as living separate and apart for any period during which they lived apart and either one of them intended to live separate and apart.^[1] Two consequences follow:

• You can be "separated" while living in the same home. Couples who cannot afford two households, or who stay together for the children, are often found to be separated under one roof if they have genuinely ended the relationship, sleeping separately, dividing finances and chores, and no longer presenting as a couple. Courts look at the whole picture, and this is a frequently litigated question.^[5]
• A short attempt to reconcile will not reset the clock. The one-year period is not broken merely because the spouses resumed living together for a period, or periods, totalling not more than 90 days with reconciliation as the primary purpose (s. 8(3)).^[1] In the Department of Justice's words, if you are separated you can live together for up to 90 days to try to reconcile and, if it does not work out, continue toward divorce as if that time had not happened.^[5]

Nailing down the date of separation matters for more than the divorce clock. In Ontario it is also the "valuation date" that fixes the value of each spouse's property for equalization, so getting it right can have significant financial consequences.^[4]

Who can get divorced in Ontario? The residency requirement

Because divorce is federal but courts are provincial, there is a jurisdiction rule about where you can file. Under section 3 of the Divorce Act, a court in a province can hear a divorce only if at least one spouse has been habitually resident in that province for at least one year immediately before the proceeding begins.^[2] To divorce in Ontario, then, you or your spouse must have lived in Ontario for at least the year before you apply. It does not matter where you were married.

The Department of Justice summarizes the general rule for divorcing in Canada as three requirements: you are legally married (under Canadian law or under another country's law where the marriage is recognized in Canada); your marriage has broken down; and you or your spouse lived in the province or territory where you apply for a full year immediately before applying.^[5]

There is a narrow exception for certain non-residents who married in Canada. If neither spouse now lives in Canada and they cannot end the marriage where they live because that country does not recognize their Canadian marriage, they may be able to dissolve it under the federal Civil Marriage Act by applying to the Superior Court in the province where they married, but that process only ends the marriage and does not resolve support or property.^[5] This is a specialized situation; if it might apply to you, get advice.

Simple, joint, and contested: the three kinds of divorce

People use the words "uncontested" and "contested" loosely, but in Ontario the court forms recognize a few distinct paths. Which one fits depends on whether your spouse opposes the divorce and, importantly, whether you are asking the court for anything beyond the divorce itself.

Simple (uncontested) divorce

A simple divorce is an application by one spouse (the applicant) asking the court for a divorce only. The other spouse is served and does not contest it. The key feature, and a common surprise, is that in a simple divorce application you cannot also ask the court for spousal support, child support, decision-making responsibility, parenting time, or a division of property.^[6] A simple divorce is genuinely simple precisely because it deals with nothing but ending the marriage; any money or parenting disputes have to be dealt with separately (usually in a separation agreement, or in a different, broader court application).

Joint divorce

A joint divorce is an application that both spouses sign and file together. There is no applicant and respondent in the usual sense and no one needs to be served, because both spouses confirm they want the divorce and agree on the basic facts about the marriage, separation, and any existing agreement or order.^[6] A joint divorce is often the fastest, least expensive, and least stressful route for couples who have already settled everything, frequently in a signed separation agreement, and simply want the marriage formally ended.

Contested divorce

A contested divorce arises when one spouse starts a divorce application and the other disagrees with some or all of what is being asked, or, more commonly, when the parties cannot agree on the corollary issues (support, parenting, or property) and need the court to decide. Strictly speaking, the divorce itself is rarely the sticking point; what makes a case "contested" is the fight over money and children that travels alongside it. These cases follow the full family court process, pleadings, financial disclosure, conferences, and, if necessary, a trial, and take considerably longer than a simple or joint divorce.^[6]

A note on terminology under the current Divorce Act: since March 1, 2021, the Act uses "parenting arrangements," "parenting time," and "decision-making responsibility" instead of the older words "custody" and "access." The Department of Justice has confirmed that this 2021 amendment changed the terminology but did not change the grounds for divorce or how you apply.^[8]

The divorce itself vs. the corollary issues

Because it is so often misunderstood, it is worth stating clearly which law governs what. The divorce, and the support and parenting orders that can accompany it, come from the federal Divorce Act. Property division for married spouses comes from Ontario's Family Law Act, not the Divorce Act at all.

Property: equalization of net family property (Ontario Family Law Act)

Ontario does not simply split every asset down the middle. Instead, married spouses share the growth in their net worth during the marriage through a payment called an equalization of net family property. In broad terms, each spouse calculates their "net family property", the value of everything they own on the valuation date (usually the date of separation), minus their debts and minus what they brought into the marriage and certain excluded property, and the spouse with the higher net family property pays the other one-half of the difference.^[9][4] Under section 5(1) of the Family Law Act, the spouse whose net family property is the lesser is entitled to one-half the difference between the two.^[4]

The Ontario government explains the everyday version this way: property acquired during a marriage is generally split equally when the marriage ends; for property owned before the marriage, the increase in value is usually shared; and money owed to balance the two sides is the equalization payment.^[9] There are excluded categories that a spouse can keep out of the calculation, for example, gifts or inheritances received from someone other than the spouse during the marriage (other than the family home), certain personal-injury awards, and life-insurance proceeds on a death, and, in very limited circumstances, a court can order an unequal division where equal sharing would be unconscionable.^[9] Because valuations, exclusions, and business or pension assets can be complex, this is an area where good advice pays for itself. Our overview of property division in Ontario goes deeper.

The matrimonial home gets special treatment

The matrimonial home, the residence ordinarily occupied by the spouses as their family home at the date of separation, is treated differently from all other property under Part II of the Family Law Act (roughly sections 18 to 28).^[4] Two features matter most for divorcing spouses:

• Both spouses have an equal right to possession of the matrimonial home while the marriage continues, regardless of whose name is on title. Neither spouse can sell, mortgage, or otherwise dispose of the home without the other's consent (or a court order), and a spouse can apply for an order of exclusive possession, including in situations involving family violence.^[10]
• Its full value is usually shared, even if one spouse owned it before the marriage, received it as a gift, or inherited it. Unlike other pre-marriage property, the value of a matrimonial home brought into the marriage generally cannot be deducted, and a gifted or inherited home is generally not treated as excluded property. The Ontario government states that you must share the full value of the family home even if one of you owned it before marriage or received it as a gift or inheritance.^[9]

These rules can produce results that surprise people, which is exactly why the matrimonial home is so often at the centre of a divorce.

There are strict deadlines for property claims

Unlike a divorce, an equalization (property) claim has a firm limitation period. Under section 7(3) of the Family Law Act, an equalization claim must generally be brought by the earliest of: two years after the divorce is granted, six years after the date of separation, or six months after a spouse's death.^[4] The Ontario government puts it simply: to go to court for a decision on the amount of an equalization payment you have six years from the day you separated, or two years from the day your divorce is final, whichever comes first.^[9] A court can extend the deadline in limited circumstances, but you should never count on that. Because a divorce order can quietly trigger the two-year property clock, it is risky to obtain a divorce before your property issues are resolved, another reason to get advice before you file.

Support and parenting: decided alongside, on their own principles

Spousal support and child support can be sought as corollary relief under the Divorce Act (or under the Family Law Act), and parenting time and decision-making are decided on the best interests of the child. Each has its own framework, covered in depth on our dedicated pages:

• Spousal support is never automatic; a spouse must establish entitlement (compensatory, needs-based, or contractual) before amount and duration are estimated under the Spousal Support Advisory Guidelines.
• Child support is the right of the child and generally follows the Federal Child Support Guidelines tables, based on the payor's income and the number of children.
• Parenting time and decision-making responsibility (the terms that replaced "custody and access") are determined by what is in the children's best interests.^[8]

One statutory safeguard links divorce to children directly: before granting a divorce, a court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, and it will hold up the divorce until they are.^[11]

How to get divorced in Ontario, step by step

The Divorce Act is federal, but each province runs its own court process, so the following steps reflect Ontario's procedure as set out by the Ministry of the Attorney General for a simple divorce. A joint divorce follows a streamlined version (no service), and a contested divorce adds pleadings, conferences, and potentially a trial. All figures below are the official Ontario court fees.^[6]

Step 1: Confirm you qualify and choose the right court

Confirm the basics first: you are legally married, your marriage has broken down (usually a one-year separation), and you or your spouse has lived in Ontario for at least a year.^[5] Only a Superior Court of Justice or the Family Court of the Superior Court of Justice can grant a divorce, and you generally file in the municipality where you or your spouse lives.^[6]

Step 2: Prepare and file the application, and pay the fee

The applicant completes Form 8A: Application (Divorce) and files it with the court along with the original Marriage Certificate (or Marriage Registration Certificate) and a continuing record. Ontario allows most divorce applications to be filed online. The filing fee at this stage is $224, made up of a $214 application fee plus a $10 registration of divorce proceedings fee, and a fee waiver is available for those who cannot afford it.^[6] When the clerk issues the application, the court electronically requests a Clearance Certificate from the federal Central Registry of Divorce Proceedings to confirm no other divorce has been started for the same couple; this typically takes about 4 to 6 weeks, and the divorce cannot be granted until it is received.^[6]

Step 3: Serve your spouse

After the application is issued, the applicant must serve the other spouse with a copy of the issued Form 8A, the continuing record, and a blank Form 10: Answer. You are not allowed to serve the documents yourself, a friend or family member over 18, or a professional process server, must do it and then swear a Form 6B: Affidavit of Service. Service should happen as soon as possible and no later than six months after the application was issued.^[6] The served spouse has 30 days to respond (60 days if served outside Canada or the United States).^[6]

Step 4: File the affidavit for divorce (if uncontested)

If the spouse does not file a Form 10 Answer within the deadline, the applicant files the documents that let a judge decide the divorce on the paperwork: Form 36: Affidavit for Divorce, the Affidavit of Service, and a draft Form 25A: Divorce Order, together with the marriage certificate if not already filed. The fee to place the application on the list for a hearing at this stage is $445.^[6] If the spouse does file an Answer, for example, to seek support, parenting orders, or a property division, or to oppose the divorce, the case becomes contested and follows a different, longer path.^[6]

Step 5: A judge reviews and grants the divorce

Once the Clearance Certificate is back and the file is complete, a judge reviews the application. In an uncontested divorce there is usually no need to attend court; if the judge is satisfied (including that reasonable child-support arrangements are in place), the judge signs the Divorce Order and the parties are mailed a copy.^[6][11] Under the Divorce Act, a divorce ordinarily takes effect on the 31st day after the order is made, once appeal rights have run.^[3]

Step 6: Get a Certificate of Divorce (optional)

The Divorce Order ends the marriage, but if you need proof that the divorce has taken effect, for example, to remarry, you can request a Certificate of Divorce from the court for a $25 fee.^[6]

How long does a divorce take, and what does it cost?

Timelines vary enormously depending on whether the divorce is uncontested and how much the parties agree on. Two honest generalizations:

• Uncontested (simple or joint) divorces are mostly a matter of paperwork and processing time. A large part of the wait is administrative, the Central Registry Clearance Certificate alone takes roughly 4 to 6 weeks, plus the 31-day period before the order takes effect.^[6][3] Court processing times differ by location.
• Contested divorces take much longer, often many months to well over a year, because the time is driven by the corollary disputes over property, support, and parenting, and by the steps of the court process (conferences, disclosure, motions, and possibly trial).

On cost, the mandatory Ontario court fees for a simple divorce are the $224 filing fee and the $445 hearing-list fee noted above (with an optional $25 for a Certificate of Divorce), and a fee waiver exists for those who qualify.^[6] Legal fees are separate and depend almost entirely on how much is in dispute: a truly uncontested divorce is inexpensive, while a hard-fought contested case costs far more. We are transparent about fees and will give you a realistic picture before you commit to anything.

Bars to divorce: when a court can refuse

A judge does not rubber-stamp every application. Section 11 of the Divorce Act imposes duties on the court that can operate as bars to a divorce:^[11]

• Collusion. The court must satisfy itself there has been no collusion, an agreement or conspiracy to deceive the court or fabricate or suppress evidence to obtain a divorce, and must dismiss an application that was presented collusively. (Genuine agreements about separation, support, property, or parenting are not collusion.)^[11]
• Inadequate child-support arrangements. The court must be satisfied that reasonable arrangements have been made for the support of any children, and must stay the divorce until they are.^[11]
• Condonation or connivance (in adultery/cruelty cases). Where the divorce is sought on the basis of adultery or cruelty, the court must be satisfied there was no condonation (forgiving the conduct and resuming the relationship) or connivance (encouraging or facilitating it), and may dismiss the application unless granting the divorce would better serve the public interest.^[11]

These bars rarely defeat an ordinary one-year-separation divorce, but they are a reminder that the court retains an independent role, particularly where children's support is concerned.

Married vs. common-law: who can divorce, and who has rights

Only married couples divorce, but common-law partners are far from without rights when they separate. The distinction matters, and it trips people up constantly.

Married spouses

Married spouses can obtain a divorce under the Divorce Act and are entitled to equalization of net family property and the special matrimonial-home protections under the Family Law Act, in addition to support and parenting rights.^[4] The full property regime described above applies to them.

Common-law partners

Common-law partners do not divorce, there is no marriage to dissolve, and, critically, they are not automatically entitled to equalization or to the matrimonial-home rules. The Ontario government is explicit that common-law couples are not required to divide property acquired while they lived together, and that furniture, household items, and other property generally belong to whoever bought them.^[9] A common-law partner who contributed to property held in the other's name may still have a claim, typically an equitable claim such as unjust enrichment or a constructive/resulting trust, but that is a different, court-driven route, not the automatic FLA equalization that married spouses get.^[9]

Where common-law partners are on the same footing as married spouses is support and parenting. Under section 29 of the Family Law Act, a common-law partner qualifies to claim spousal support if the couple cohabited continuously for at least three years, or were in a relationship of some permanence and are the parents of a child.^[4] Child support and parenting rights do not depend on marriage at all, they follow from being a parent. So a common-law partner who separates can seek support and resolve parenting even though "divorce" is not part of the picture.

Common myths about divorce in Ontario

"I have to prove my spouse did something wrong to get divorced." No. Canada is no-fault. The only ground is breakdown of the marriage, and the usual route is simply living separate and apart for one year.^[1][5]

"Adultery gets me a bigger share of the property or more support." No. Misconduct does not increase a property or support award, the Divorce Act even directs courts to ignore spousal misconduct when ordering spousal support. Property and support turn on economics, not blame.^[1]

"Getting the divorce sorts out the house, the money, and the kids." Not by itself. The divorce ends the marriage; property, support, and parenting are separate corollary issues, and a simple divorce application cannot even decide them.^[6] Property for married spouses is dealt with under the Family Law Act, not the Divorce Act.^[4]

"We need a legal separation before we can divorce." There is no such filing in Ontario. You are separated as a matter of fact once you live separate and apart with the intention to end the relationship; that is what starts the one-year clock.^[1]

"We can't be separated because we still live in the same house." You can. Spouses can be separated under one roof if they have genuinely ended the relationship, though courts examine the facts closely.^[5]

"We're common-law after living together, so it's just like divorce." Not for property. Common-law partners do not divorce and are not automatically entitled to equalization or the matrimonial-home rules, though they can have support, parenting, and sometimes trust-based property claims.^[9][4]

"Once we're divorced I can deal with the property whenever I want." No, there is a strict deadline. An equalization claim must generally be started within two years of the divorce (or six years of separation, whichever is earlier).^[4][9]

How Kazandji Law approaches divorce

A good divorce lawyer spends far less energy on the divorce itself than on the things that actually shape your future, your home, your income, your retirement savings, and your time with your children. Our approach is to separate the two from day one: get the marriage-ending mechanics right and on the correct timeline, while building a clear, evidence-based position on the corollary issues that matter.

Wherever a fair resolution is achievable, we push for it, through negotiation, a comprehensive separation agreement, or family mediation, because a negotiated deal is usually faster, cheaper, and more durable than a court fight, and it lets a couple convert their settlement into a straightforward joint or uncontested divorce. When the other side will not deal reasonably, or when children's safety or a fair financial outcome is at risk, we are ready to litigate in the Superior Court of Justice and protect your position.

Because divorce rarely stands alone, we handle it together with property division, spousal support, child support, and parenting time and decision-making, so the whole settlement fits together and nothing, including a limitation deadline, falls through the cracks. Kazandji Law is a Toronto family and criminal law firm known for a proactive, no-nonsense approach with a genuine personal touch. We serve clients across the GTA, downtown Toronto, North York, Thornhill, Markham, Vaughan, and Oakville, and you can meet our team or review our results before you reach out.

Frequently asked questions

What are the grounds for divorce in Ontario?

There is only one ground under the federal Divorce Act: breakdown of the marriage. That breakdown is established in one of three ways, the spouses have lived separate and apart for at least one year, or the other spouse has committed adultery, or the other spouse has treated you with physical or mental cruelty. In practice, almost all Ontario divorces proceed on the one-year separation basis, because Canada is no-fault and proving adultery or cruelty rarely changes the outcome.

How long do we have to be separated before we can divorce?

One year, if you are relying on the separation ground. You can start the paperwork before the year is up, but the divorce will only be granted after a full year of living separate and apart. A short attempt to reconcile of up to 90 days does not restart the clock. Divorces based on adultery or cruelty do not require the one-year wait, but they must be proven.

Do I have to live in Ontario to get divorced here?

At least one spouse must have been habitually resident in Ontario for at least one year immediately before starting the divorce. It does not matter where you were married. There is a narrow exception under the federal Civil Marriage Act for certain non-residents who married in Canada and cannot end the marriage where they now live.

Can I be separated while still living in the same house?

Yes. Separation depends on intention and conduct, not just addresses. Spouses can be separated under one roof if they have genuinely ended the relationship, for example, sleeping apart, dividing finances, and no longer functioning as a couple. Courts look at the overall picture, so this can be a contested question.

What is the difference between a simple, joint, and contested divorce?

A simple divorce is filed by one spouse asking for the divorce only, with the other served and not contesting. A joint divorce is filed by both spouses together and needs no service. A contested divorce is where the parties disagree about the divorce or, more often, about the corollary issues of support, parenting, or property. A simple divorce application cannot decide support, parenting, or property.

Does the divorce itself divide our property?

No. For married spouses, property is divided under Ontario's Family Law Act through equalization of net family property, which is separate from the divorce. The spouse with the higher net family property generally pays the other half the difference. The divorce order ends the marriage; it does not, on its own, transfer property or set support.

How is property divided in an Ontario divorce?

Married spouses share the growth in their net worth during the marriage. Each calculates their net family property, assets on the date of separation, minus debts, minus what they brought into the marriage and certain excluded property (like most gifts and inheritances from third parties), and the spouse with the larger figure pays the other one-half of the difference. The matrimonial home is treated specially: its full value is usually shared even if one spouse owned it before the marriage.

Is there a deadline to claim property after divorce?

Yes, and it is strict. An equalization claim must generally be started by the earliest of two years after the divorce is granted, six years after the date of separation, or six months after a spouse's death. A court can extend it only in limited circumstances, so it is risky to finalize a divorce before your property issues are resolved.

Does it matter who caused the breakup?

No. Canada has no-fault divorce, and the Divorce Act directs courts not to consider spousal misconduct when ordering spousal support. Adultery or who left whom does not increase a property or support award. Property and support are decided on the economics of the relationship.

Do common-law partners get divorced?

No, there is no marriage to dissolve, so common-law partners do not divorce. They also are not automatically entitled to equalization or the matrimonial-home rules. However, they can claim spousal support if they meet the Family Law Act threshold (cohabiting three years, or a child together in a relationship of some permanence), and child support and parenting rights follow from being a parent. A partner who contributed to property in the other's name may also have a trust or unjust-enrichment claim.

How much does a divorce cost in Ontario?

The mandatory Ontario court fees for a simple divorce are $224 to file the application (a $214 application fee plus a $10 registration fee) and $445 to place it on the list for a hearing, with an optional $25 for a Certificate of Divorce. A fee waiver is available for those who cannot afford the fees. Legal fees are separate and depend on how much is in dispute; a truly uncontested divorce is inexpensive, while a contested case costs more.

How long does an uncontested divorce take?

An uncontested divorce is largely a matter of paperwork and processing time. Part of the wait is administrative, the federal Central Registry Clearance Certificate alone takes roughly four to six weeks, plus a 31-day period after the order is made before the divorce takes effect. Actual times vary by court location. Contested divorces take much longer because of the disputes that travel alongside them.

Do we have to go to court to get divorced?

For an uncontested (simple or joint) divorce, usually not, a judge can grant the divorce based on the filed documents without the parties attending. Court attendance becomes likely only when the divorce is contested or when the corollary issues of support, parenting, or property have to be litigated. Many couples avoid court entirely by settling in a separation agreement and then filing a joint or uncontested divorce.

Can a court refuse to grant a divorce?

Yes, in limited situations. Under section 11 of the Divorce Act, a court must refuse a divorce obtained by collusion, must delay a divorce until reasonable arrangements are made for child support, and, in adultery or cruelty cases, must be satisfied there was no condonation or connivance. These bars rarely defeat an ordinary one-year-separation divorce, but the court retains an independent role.

Sources & legal references

1. Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8 (divorce; breakdown of marriage, one-year separation, adultery, cruelty in s. 8(2); calculation of separation and 90-day reconciliation in s. 8(3)): laws-lois.justice.gc.ca/eng/acts/d-3.4/section-8.html.
2. Divorce Act, s. 3 (jurisdiction, a court in a province may hear a divorce if either spouse has been habitually resident in the province for at least one year immediately before the proceeding): laws-lois.justice.gc.ca/eng/acts/d-3.4/section-3.html.
3. Divorce Act, ss. 12 to 15 and 15.2 (effect of divorce order; taking effect on the 31st day; corollary relief, including spousal support under s. 15.2): laws-lois.justice.gc.ca/eng/acts/d-3.4/FullText.html; laws-lois.justice.gc.ca/eng/acts/d-3.4/section-15.2.html.
4. Family Law Act, R.S.O. 1990, c. F.3. Part I (Family Property): equalization in s. 5 (s. 5(1), spouse with the lesser net family property entitled to one-half the difference); limitation in s. 7(3); definition of "net family property" and valuation date in s. 4; matrimonial home in Part II (ss. 18 to 28); definition of "spouse" for support in s. 29: ontario.ca/laws/statute/90f03.
5. Department of Justice Canada, "How to Apply for a Divorce" (three general criteria to divorce in Canada; grounds; one-year separation and up-to-90-day reconciliation; no-fault; residency exception for non-residents married in Canada): justice.gc.ca/eng/fl-df/divorce/app.html.
6. Ontario Ministry of the Attorney General, Court Services Division, "Simple Divorce Application Checklist" (Superior Court of Justice; Form 8A; original marriage certificate and continuing record; $224 filing fee = $214 application + $10 registration; Central Registry Clearance Certificate, 4 to 6 weeks; service, blank Form 10 Answer, 30/60-day response; Form 36 Affidavit for Divorce; $445 hearing-list fee; Form 6B, draft Form 25A; $25 Certificate of Divorce; fees under O. Reg. 293/92 / 417/95): ontariocourtforms.on.ca.
7. Ontario Ministry of the Attorney General, "Dividing property when a marriage or common law relationship ends" and family court information (only the Superior Court of Justice / Family Court of the Superior Court of Justice grants divorces; representing yourself): ontario.ca/page/dividing-property-when-marriage-or-common-law-relationship-ends.
8. Department of Justice Canada, "Family Law" / "Changes to family laws" (Divorce Act changes effective March 1, 2021 changed terminology to "parenting arrangements," "parenting time," and "decision-making responsibility," with no change to the grounds for divorce or how to apply): justice.gc.ca/eng/fl-df/index.html.
9. Ontario Ministry of the Attorney General, "Dividing property when a marriage or common law relationship ends" (equal sharing / equalization; full value of the family home shared even if owned before marriage, gifted, or inherited; excluded property; unequal division only where extremely unfair; six-year/two-year time limit; common-law couples not required to divide property): ontario.ca/page/dividing-property-when-marriage-or-common-law-relationship-ends.
10. Family Law Act, R.S.O. 1990, c. F.3, ss. 18 to 19 and 24 (definition of matrimonial home; equal right to possession; restrictions on disposing of the home; orders for exclusive possession, including where there has been family violence): ontario.ca/laws/statute/90f03.
11. Divorce Act, s. 11 (duty of the court, bars: no collusion; reasonable arrangements for child support before granting divorce; no condonation or connivance in adultery/cruelty cases; definition of "collusion"): laws-lois.justice.gc.ca/eng/acts/d-3.4/section-11.html.

Disclaimer: This page provides general legal information about divorce in Ontario and is not legal advice. The Divorce Act, Ontario's Family Law Act, and the court process are applied to the specific facts of each case, and outcomes vary. Court fees and procedures are current as of the date of this review and are set by regulation; confirm current amounts with the court. For advice about your situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship until a retainer is signed.