How to Obtain a Divorce in Ontario
One of the most frequent questions we receive is how to obtain a divorce.
Grounds for Divorce.
Under the Divorce Act, there are three grounds to seek a divorce:
- If you have been living separate and apart from your spouse for at least one year.
- Adultery
- Cruelty
In the vast majority of divorce applications, divorce is sought on the basis of claiming a one year period of separation from your spouse. In practice, normally a higher burden of proof is required to claim divorce on the basis of adultery or cruelty as supporting evidence of adultery or cruelty would have to be provided.
While divorce based on a one year period of separation is the most common ground for seeking a divorce, courts have recognized that spouses can be living separate and apart in the same household which means that spouses can be considered to be separated even if they are living in the same home. It is also possible to apply for divorce based on a one year of separation before you have been separated for one year although the divorce order will not be fully processed until the one year period of separation has been reached.
It is possible to obtain a divorce in Ontario no matter where the marriage was obtained. Normally you have to be resident in Canada for at least one year before being able to commence the divorce application.
Seek Legal Advice Before Commencing a Divorce Application
Meet with a licensed lawyer with experience in family law before commencing a divorce application to ensure your interests are protected.
Generally, it is recommended to have a separation agreement resolving all family law issues before commencing a divorce application.
Obtaining a divorce can speed up limitation periods such as seeking equalization of net family property. Your eligibility to seek certain claims can be affected by a divorce order.
A divorce may not be granted if adequate child support is not being paid and there is no order for child support.
Our firm is experienced in providing divorce services. To book a consultation, call our office.
Sage Harvey
