Divorce and Separation in Ontario
Divorce means that a marriage has been legally ended by a court order. Only a court can grant you a divorce.
Separation agreements and court orders can resolve some family matters when you separate, but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce.
If you are married, the only way to legally end your marriage is to apply to the court for a divorce. An application for divorce can only be filed in a Superior Court of Justice or Family Court branch of the Superior Court of Justice.
Grounds for Divorce in Canada
You must demonstrate to the court that your marriage has broken down. There are three ways:
- Separation for one year — You and your spouse have been living separate and apart for at least one year before applying.
- Adultery — Your spouse has committed adultery.
- Physical or mental cruelty — Your spouse has been so physically or mentally cruel to you that you can no longer live together.
If you and your former spouse agree about all issues, you may not need to appear before a judge. In many cases, parties simply file an affidavit reviewed by a judge. You cannot marry again until your divorce is final.
Why Early Legal Advice Matters
Hiring a divorce lawyer early in the process often prevents the mistakes that occur when parties represent themselves. We handle many cases where individuals tried to manage their divorce themselves and later came to us when they could no longer navigate the legal system. Receiving legal assistance early prevents many costly errors.
We have handled hundreds of contested divorces with confidence, compassion, and personalized attention. We understand that some of you have lost what seemed a source of unconditional support, only to face the frustration of seemingly hostile or stressful legal proceedings.
Uncontested vs. Contested Divorce
An uncontested divorce is one where the parties agree on all issues — parenting arrangements, support, and property division. This is typically faster and less expensive. A contested divorce involves disputes that require negotiation, mediation, or court proceedings to resolve. Anna Boulman handles both with equal skill and dedication.
New: Applications for divorce under the federal Civil Marriage Act for non-residents married in Ontario are now accepted at Superior Court of Justice family counters.
A Guide to Family Court Procedures
For more information on the divorce application process, see our Going to Court guide, including information on Durham Region Courthouse and Newmarket Courthouse.