What Is Divorce in Ontario?
Divorce is the legal process that ends a valid marriage. In Canada, divorce is governed by a single federal law — the Divorce Act — which applies the same way in every province, including Ontario. A divorce is granted by a court, not by an agreement between spouses, a separation agreement, or simply living apart. Even after you and your spouse have separated, divided your property, and worked out parenting arrangements, you remain legally married until a court grants a divorce order.
Ontario's divorce rules combine one federal law (the Divorce Act) with Ontario's own court procedures for filing, serving, and processing the application. This guide walks through both.
Divorce vs. Separation
People often use "divorce" and "separation" interchangeably, but they are legally different steps.
Separation happens when a couple stops living together as a couple — no court order or paperwork is required, and many separated spouses remain separated indefinitely without ever divorcing. Divorce is the formal legal process that ends the marriage itself and allows each spouse to remarry. In most cases, separating comes first, and applying for divorce comes later. Read more about how separation and divorce differ.
Who Can Apply for Divorce in Ontario?
Under the Divorce Act, a court can only grant a divorce if at least one spouse has been ordinarily (habitually) resident in Ontario for at least one year immediately before the application is started. "Ordinarily resident" generally means Ontario is where you actually live your day-to-day life, not a temporary address.
This residency rule applies no matter where the marriage took place — a couple married outside Canada can still apply for divorce in Ontario once the residency requirement is met. If neither spouse has lived in Ontario for at least a year, the application may need to be started in a different province instead.
Grounds for Divorce: Why a Court Will Grant One
Under the Divorce Act, there is only one legal ground for divorce: the breakdown of the marriage. A court can find that a marriage has broken down in one of three ways.
Living Separate and Apart for One Year
This is the ground relied on in the large majority of Ontario divorces. It requires that the spouses have lived separate and apart for at least one year, and were already separated when the application was started. You do not need to wait the full year before starting your application — many applicants file before their first anniversary of separation, and the divorce is granted once the year has passed. Read more about how the separation date is determined.
Adultery
A divorce can also be granted where the other spouse has committed adultery. A spouse cannot rely on their own adultery as the ground for divorce — only the other spouse may do so.
Cruelty
A divorce can be granted where one spouse has treated the other with physical or mental cruelty severe enough to make continuing to live together intolerable. In practice, most people rely on the one-year separation ground, since it does not require proving fault and is generally simpler to establish.
Types of Divorce Applications: Simple, Joint, and Contested
Ontario's courts generally group divorce applications into three categories.
Simple Divorce
A simple divorce is started by one spouse and asks only for the divorce itself — no other issues, such as parenting, support, or property, are included, usually because those issues have already been resolved separately (for example, in a separation agreement) or do not apply. Read more about uncontested (simple) divorce.
Joint Divorce
A joint divorce is started by both spouses together, again asking only for the divorce itself. Because both spouses are applicants, a joint divorce does not need to be served on anyone, which can make it more straightforward. Read more about joint divorce applications.
Contested Divorce
A divorce becomes contested when the other spouse disagrees with the divorce, disputes a related issue such as parenting or support, or does not respond at all. Contested divorces are handled through Ontario's regular family court process and generally take longer to resolve. Read more about contested divorce and starting a family court case.
Which Court Handles Divorce in Ontario?
Divorce falls under federal law, so in Ontario only the Superior Court of Justice can grant a divorce — the Ontario Court of Justice does not have jurisdiction over divorce, property, or the matrimonial home. Depending on where you live, your case may be heard by a general Superior Court of Justice location or by a Family Court branch of the Superior Court of Justice, which handles most family matters, including divorce, together in one place. Where a Family Court branch is not available, some parenting and support issues may need to be addressed in the Ontario Court of Justice separately from the divorce itself. Read more about choosing the correct court.
How the Divorce Process Works, Step by Step
This is a general outline. Your own steps may vary depending on your situation and court location.
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Confirm you meet Ontario's residency requirement
At least one spouse must have lived in Ontario for at least one year immediately before applying.
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Decide which type of application fits your situation
Simple, joint, or contested, depending on whether you and your spouse agree and whether other issues need to be resolved.
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Complete and file the divorce application
Filed with the Superior Court of Justice, along with the applicable court fee.
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Serve the application on your spouse
Not required for a joint application, since both spouses are already applicants.
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Wait for a response, or confirm none was filed in time
If your spouse disputes the divorce or a related issue, the application generally becomes contested.
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Obtain the federal clearance certificate
Issued by the Central Registry of Divorce Proceedings once no competing divorce proceeding is found.
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Have the application reviewed by the court
Depending on the court and case, this may happen in writing or at a hearing.
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Receive the divorce order
Granted once a judge is satisfied all legal requirements have been met.
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Wait out the 31-day period
The divorce does not take effect until 31 days after the order is granted, to allow time for a possible appeal.
Divorce and Your Children
Divorce itself does not decide parenting arrangements. If you have children, issues like parenting time and decision-making responsibility are addressed separately — either through an agreement between the parents or as part of the same court case, alongside the divorce. A judge will generally want to be satisfied that reasonable arrangements exist for any children involved before finalizing a divorce.
Divorce, Child Support & Spousal Support
Like parenting arrangements, child support and spousal support are not automatically part of a divorce — they are separate legal issues (sometimes called "corollary relief") that can be requested in the same application or resolved separately through an agreement. A simple or joint divorce application generally does not include support claims; a contested application often does.
Divorce and Property Division
Divorce does not automatically divide property. In Ontario, married spouses may be entitled to an equalization of net family property, and the matrimonial home is generally treated differently from other property. Property claims have their own time limits under Ontario law, so they are usually addressed before or alongside a divorce application, rather than after.
How Long Does a Divorce Take in Ontario?
Timelines vary widely based on the type of application, the court's location and workload, and whether the divorce is contested. As a general guide:
- A simple or joint divorce with no disputes commonly takes a few months from filing to the divorce order, once the federal clearance certificate and any required court review are complete.
- A contested divorce, or one involving disputed parenting, support, or property issues, can take considerably longer — often a year or more.
- Once granted, a divorce does not take effect until 31 days after the judge signs the order, to allow time for a possible appeal.
These are general ranges only; your own timeline depends on your specific circumstances and the court handling your case. For a closer look at what affects timing at each stage, see our Insights guide on how long a divorce takes in Ontario.
How Much Does a Divorce Cost in Ontario?
Getting divorced generally involves two categories of cost.
- Government filing fees: there is a court fee to file a divorce application, plus a separate federal fee (currently $10) paid to the Central Registry of Divorce Proceedings for every application or answer that includes a divorce claim. Fee waivers may be available for applicants receiving social assistance or with low income.
- Professional fees: if you use a lawyer or paralegal, their fees will generally be the largest cost, and can vary enormously depending on whether your divorce is simple, joint, or contested. A straightforward, uncontested divorce handled without a lawyer is generally far less expensive than a contested one.
Court fees are set by regulation and can change, so confirm current amounts on the Ontario Court Services website before filing — see Sources & Further Reading below.
After the Divorce Is Granted
A signed divorce order does not immediately end the marriage. Under the Divorce Act, a divorce takes effect on the 31st day after a judge grants it, unless an appeal is filed. Once that period has passed, you can request a certificate of divorce from the court confirming the date your marriage legally ended.
After a divorce takes effect, either spouse is free to remarry. A divorce does not automatically change your legal name — a name change is a separate administrative step if you want to revert to a previous name.
Common Mistakes That Delay a Divorce
- Applying before the one-year residency requirement is met
- Filing incomplete or inconsistent personal or financial information
- Missing a required supporting document, such as a marriage certificate
- Not planning for a spouse who is difficult to locate for service
- Assuming a separation agreement automatically finalizes support or property issues
- Waiting too long to address property claims, which have their own time limits
Frequently Asked Questions
How much does a divorce cost in Ontario?
Costs vary widely. There are government filing fees, including a separate federal fee for every application involving a divorce, plus lawyer or paralegal fees if you use one. A simple, uncontested divorce is generally far less expensive than a contested one. See How Much Does a Divorce Cost in Ontario? above.
How long does a divorce take in Ontario?
An uncontested simple or joint divorce commonly takes a few months from filing to the divorce order. Contested divorces, or those involving disputed parenting, support, or property issues, generally take considerably longer. See How Long Does a Divorce Take in Ontario?
Do I need a lawyer to get divorced in Ontario?
There is no legal requirement to have a lawyer for an uncontested simple or joint divorce, and many people complete these on their own. A lawyer is often more valuable when a divorce is contested or involves parenting, support, or property disputes.
What are the legal grounds for divorce in Ontario?
Under the federal Divorce Act, the only ground for divorce is the breakdown of the marriage, shown by living separate and apart for at least one year, adultery, or cruelty. See Grounds for Divorce above.
Do I have to be separated for a full year before I can apply?
No. You can start a divorce application based on separation before your first anniversary of separating, but the court will not grant the divorce until the full one-year period has passed, unless you are relying on adultery or cruelty instead.
What is the difference between a simple divorce and a joint divorce?
A simple divorce is filed by one spouse alone; a joint divorce is filed by both spouses together. Both ask only for the divorce itself, with no other issues in dispute. See Types of Divorce Applications.
Can I get divorced if my spouse does not agree?
Yes. If your spouse disagrees with the divorce or disputes a related issue, the application becomes contested and proceeds through Ontario's regular family court process, which generally takes longer than an uncontested application.
Which court handles divorce applications in Ontario?
Only the Superior Court of Justice can grant a divorce in Ontario. The Ontario Court of Justice does not have jurisdiction over divorce, property, or the matrimonial home. See Which Court Handles Divorce.
Do parenting, child support, and property have to be dealt with in my divorce?
Not necessarily. A simple or joint divorce can ask only for the divorce itself if these issues are already resolved. If they are not resolved, they can often be included in the same application or addressed separately.
What is the Central Registry of Divorce Proceedings clearance certificate?
It is a federal check confirming no other divorce proceeding is already underway for the same marriage. A court cannot grant a divorce until this clearance certificate has been issued, which can add several weeks to the process.
Can I remarry immediately after my divorce is granted?
Not immediately. A divorce does not take effect until 31 days after a judge grants it, to allow time for a possible appeal. You are free to remarry once that period has passed.
Will I automatically receive a divorce certificate?
No. A certificate of divorce confirming the date your marriage legally ended is generally available on request, after the 31-day period has passed, usually for a separate fee.
Can a divorce be reversed or appealed?
A divorce order can be appealed within the applicable appeal period, which is part of why it does not take effect until 31 days after being granted. Once that period passes without an appeal, the divorce is final.
What happens if I cannot locate my spouse to serve the divorce application?
Ontario courts have procedures for these situations, such as alternative or substituted service, but they generally require you to show the court what efforts you made to locate your spouse first.
Can common-law partners get a "divorce" in Ontario?
No. Divorce under the Divorce Act applies only to legally married spouses. Common-law partners who separate do not need a divorce, though they may still need to resolve property, parenting, or support issues. See Separation & Divorce.