- A divorce legally ends your marriage; the related issues of property, support, and parenting are dealt with separately (often at the same time).
- The most common ground is one year of separation — you can live separately under the same roof, and you can even start the application before the year is up.
- A simple (or joint) divorce is available when you are asking only for the divorce itself; a general application is used when other issues are contested.
- You generally need to have been ordinarily resident in Ontario for at least one year, and provide your marriage certificate.
- A court will not grant a divorce unless reasonable arrangements for child support are in place for any children.
- After the divorce is granted, it takes effect 31 days later, after which you can obtain a Certificate of Divorce.
The Short Answer
To file for divorce in Ontario, you generally establish marriage breakdown — most commonly by being separated for one year — and file a divorce application in the Superior Court of Justice, along with proof of your marriage. If you are asking only for the divorce itself, you use a simple or joint application; if property, support, or parenting are contested, those are dealt with in a broader application. A court will not grant the divorce until it is satisfied that reasonable child support arrangements exist. Once granted, the divorce becomes final 31 days later.
Divorce vs. the Other Issues
The most important concept to grasp first is that a “divorce” is narrow: it is the court order that legally ends your marriage so that you are free to remarry. It is separate from the issues most people actually worry about — dividing property, spousal and child support, and parenting arrangements. Those are called “corollary” or related issues, and they can be resolved by agreement (through a separation agreement), through mediation, or by a court — usually at the same time as, or before, the divorce is finalized.
People sometimes rush to “get divorced” without resolving property and support first. It is usually wiser to settle those issues in a separation agreement and then obtain the divorce, so nothing important is left unaddressed once the marriage is legally over.
The Grounds for Divorce
Under the federal Divorce Act, there is a single ground — marriage breakdown — established in one of three ways:
| Basis | What It Requires |
|---|---|
| One-year separation | Living separate and apart for at least one year; no fault needs to be proven |
| Adultery | That your spouse committed adultery; must be proven and cannot be relied on by the spouse who committed it |
| Cruelty | Physical or mental cruelty making continued cohabitation intolerable; must be proven |
The overwhelming majority of divorces proceed on the one-year separation basis because it avoids the need to prove fault. Our guide on adultery and divorce explains why fault-based grounds are rarely worth pursuing even when they exist.
Simple, Joint & General Applications
The type of application depends on what you are asking the court to do:
- Simple divorce — one spouse applies, asking only for the divorce. Uncontested.
- Joint divorce — both spouses apply together, asking only for the divorce. Uncontested and cooperative.
- General application — used when you are also asking the court to decide contested issues such as property, support, or parenting.
Whether your divorce is straightforward or contested largely tracks our overview of uncontested versus contested divorce.
What You Need Before Filing
Before filing, make sure you have the essentials in place:
- Residency — at least one spouse must ordinarily have been resident in Ontario for at least one year immediately before the application
- Proof of marriage — your marriage certificate or record (with a translation if it is not in English or French)
- The separation date — the date you began living separate and apart
- Details for any children — so the court can confirm support arrangements
- Your spouse's address — for service
The Step-by-Step Process
The clock on a one-year separation starts when you begin living separate and apart, which can occur even while sharing a home. Note the date — it matters for the application.
Work out property, support, and parenting — ideally in a separation agreement or through mediation — before or alongside the divorce. This is where most of the substance lives.
Complete the divorce application, attach the required documents (including proof of marriage), and file it with the Superior Court of Justice, paying the court fees.
In a simple divorce, the other spouse must be served with the application. In a joint divorce, both spouses are applicants, so service is not required in the same way.
Once any waiting period and steps are met, file the affidavit and supporting documents asking the court to grant the divorce.
The court grants the divorce, which takes effect 31 days later. You can then obtain a Certificate of Divorce — the document you may need to remarry.
The Child Support Requirement
This is the step that most often delays a divorce. A court must be satisfied that reasonable arrangements have been made for the support of any children before it will grant the divorce. That usually means child support consistent with the Child Support Guidelines. If the arrangements look inadequate, the court can hold up the divorce until they are addressed. Our guide on how child support is calculated explains what “reasonable” generally looks like.
How Long It Takes
Timing depends heavily on whether the divorce is contested. An uncontested divorce — where the one-year separation is complete and the paperwork is correct — often processes in a few months. A contested divorce can take much longer because the related issues must be resolved first. Either way, the divorce becomes final 31 days after it is granted. Our detailed divorce timeline guide breaks down each stage.
What It Costs
There are mandatory court filing fees payable to the province, plus legal fees if you retain a lawyer. A simple uncontested divorce is relatively inexpensive. Costs climb when property, support, or parenting are contested and require negotiation, disclosure, or court appearances. Our overview of what a divorce costs in Ontario sets out the realistic ranges.
Can You Do It Yourself?
A simple, uncontested divorce with no children and no property issues is something some people complete on their own using the court forms. But the moment there are children, property, support, or any disagreement, the risks of self-filing rise sharply — a poorly drafted agreement or an overlooked entitlement can cause problems for years. The paperwork to end the marriage is the easy part; the surrounding decisions are where legal advice pays for itself.
A common and sensible approach is to negotiate a comprehensive separation agreement dealing with property, support, and parenting, and only then obtain the divorce. That way the divorce is a clean, final step rather than the moment unresolved issues surface.
After the Divorce Is Granted
Once the court grants the divorce, there is a mandatory 31-day period before it takes effect. This window exists partly to allow any appeal. After it passes, the divorce is final, and you can request a Certificate of Divorce — the formal proof that your marriage has ended, which you will typically need if you intend to remarry. It is worth waiting for the certificate and confirming everything is in order before making new legal or financial commitments that depend on being divorced.
A final divorce also has practical consequences worth planning for. It is a natural time to update your will and beneficiary designations, review insurance and pension arrangements, and make sure any support or parenting terms from your separation agreement or court order are being followed. Because the divorce ends the marriage but does not, by itself, unwind everything connected to it, treating the certificate as the start of a short checklist — rather than the end of the story — helps avoid loose ends. If any related issue such as support later needs to change, that is handled through a variation, separate from the divorce itself.
Common Mistakes to Avoid
- Rushing the divorce before property and support are resolved
- Getting the separation date wrong, which affects the one-year calculation and property valuation
- Filing without adequate child support arrangements, causing the court to hold up the divorce
- Missing or mistranslating the marriage certificate
- Assuming the divorce automatically deals with property — it does not
Common Myths
Myth: “Getting divorced automatically divides everything.”
False. The divorce ends the marriage. Property division and support are separate issues that must be resolved on their own.
Myth: “You have to prove your spouse did something wrong.”
False. The one-year separation basis is no-fault and is how the vast majority of divorces proceed.
Myth: “You cannot be separated if you still live together.”
False. You can be separated while living under the same roof if you are genuinely living separate lives.
Thinking about filing for divorce, or need help with the property and support side? Call our Toronto family lawyers at 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
Under the federal Divorce Act, there is really one ground — marriage breakdown — established in one of three ways: living separate and apart for at least one year, adultery, or cruelty. By far the most common is the one-year separation, because it does not require proving fault.
You must be separated for one year before the divorce is granted, but you can start the application before the year is complete. Many people file partway through the separation year so that the paperwork is ready once the year has passed.
Yes. It is possible to be "separated" while living under the same roof if you are living separate lives — for example, sleeping separately, not functioning as a couple, and handling finances independently. This is common where moving out immediately is not practical.
A simple divorce is brought by one spouse asking only for the divorce itself. A joint divorce is brought by both spouses together, also asking only for the divorce. Both are uncontested. A general application is used when a spouse is also asking the court to decide contested issues like property, support, or parenting.
Yes. You generally must file proof of your marriage, usually a marriage certificate or record. If you were married outside Canada or in another language, additional steps such as a translation may be required.
Generally no. A court must be satisfied that reasonable arrangements have been made for the support of any children before granting the divorce. This is a safeguard to ensure children are provided for, and it is one of the most common reasons a divorce is delayed.
An uncontested divorce, once the one-year separation is complete and the paperwork is correct, often takes a few months to process. Contested divorces that involve resolving property, support, or parenting can take much longer. After the divorce is granted, it becomes final 31 days later.
There are court filing fees payable to the province, plus any legal fees if you hire a lawyer. A straightforward uncontested divorce is relatively inexpensive; costs rise significantly when issues are contested and require negotiation or court time.
Not strictly for a simple uncontested divorce, which some people complete on their own. However, if there are children, property, support, or any disagreement, legal advice is strongly recommended — the divorce paperwork is the easy part, and the surrounding issues are where rights are won or lost.
Not immediately. The divorce takes effect 31 days after it is granted, and you generally need a Certificate of Divorce before remarrying. Waiting for the divorce to become final and obtaining that certificate is important before making new plans.