How Does the Divorce Process Work in Ontario?

In Ontario, divorce is governed by the federal Divorce Act. The only ground for divorce is marriage breakdown, which is established by living separate and apart for at least one year, adultery, or physical or mental cruelty. Most divorces proceed on the basis of a one-year separation.


The process begins by filing an Application for Divorce at the Ontario Superior Court of Justice. If both spouses agree on all terms including parenting, support, and property, it is considered uncontested and can proceed without a court hearing. If disputes exist, the matter becomes contested and may require negotiation, mediation, or a trial. Once the court reviews the application and is satisfied all requirements are met, a divorce order is granted.

The divorce takes effect 31 days later, after which both parties may remarry. Resolving issues like child custody, support, and property division early can significantly speed up the process and reduce legal costs. Consulting a Divorce Lawyer Oshawa can help ensure the process is handled efficiently and your rights are protected.