What to Expect During a Divorce in Ontario: A Step-by-Step Guide

Going through a divorce is one of the most stressful experiences anyone can face. If you are considering or beginning the divorce process in Ontario, understanding what lies ahead can help reduce anxiety and empower you to make informed decisions. This guide from Ken Wise & Associates walks you through what to expect at each stage.

Grounds for Divorce in Ontario

In Canada, there is only one ground for divorce under the Divorce Act: breakdown of the marriage. This can be established in three ways. The most common is living separate and apart for at least one year. The other two grounds are adultery and physical or mental cruelty, though these are rarely used because they require proof and can complicate proceedings.

It is important to understand that you do not need to wait until the one-year separation period is over to begin the divorce process. You can file your application and begin resolving issues like custody, support, and property division right away.

Step 1: Consult a Family Lawyer

Before taking any legal steps, consult with an experienced family lawyer in Ontario. A lawyer can explain your rights regarding property division, spousal support, child custody, and child support. At Ken Wise & Associates, we offer consultations to help you understand your options and the likely outcomes based on your specific circumstances.

Step 2: Filing the Divorce Application

To start a divorce in Ontario, one spouse must file an Application (Form 8A) at the Superior Court of Justice. If both spouses agree on all issues, a Joint Application (Form 8A) can be filed instead, which simplifies the process significantly. The application sets out the relief you are seeking, such as divorce, custody, support, and equalization of net family property.

Step 3: Serving Your Spouse

After filing, the application must be personally served on your spouse. This means a third party must hand-deliver the court documents. Your spouse then has 30 days to file an Answer if they are in Ontario, or 60 days if they are outside the province. If your spouse does not respond, you may be able to proceed on an uncontested basis.

Step 4: Financial Disclosure

Both parties are required to make full and frank financial disclosure by completing a Financial Statement (Form 13 or 13.1). This document details your income, expenses, assets, and debts. Full disclosure is mandatory under Ontario family law, and failure to disclose can result in serious legal consequences, including the court drawing adverse inferences against you.

Step 5: Negotiation and Settlement

Most divorces in Ontario settle without going to trial. Options for resolution include direct negotiation between lawyers, mediation, collaborative family law, and arbitration. A separation agreement is a legally binding contract that addresses all issues including property division, spousal support, child custody, and child support. Having a lawyer review or draft your separation agreement is essential to protect your interests.

Step 6: The Divorce Order

Once all issues are resolved, the court grants a Divorce Order. If the divorce is uncontested, this can often be done without a court appearance through a desk divorce. The divorce becomes final 31 days after the order is granted, at which point either party is free to remarry.

How Long Does a Divorce Take in Ontario?

The timeline varies significantly depending on whether the divorce is contested or uncontested. An uncontested divorce where both parties agree can be completed in as little as 4 to 6 months. A contested divorce involving disputes over custody, property, or support can take 1 to 3 years or longer. Working with an experienced family lawyer can help move the process along as efficiently as possible.

Contact Ken Wise & Associates

If you are considering a divorce or have been served with divorce papers, contact Ken Wise & Associates for a consultation. With over 40 years of experience practising family law in Ontario, we provide knowledgeable, compassionate guidance through every step of the process. Call us at (416) 924-6231 or visit our website to learn more about how we can help.