How do I get a divorce in Ontario?

Divorce Steps

To legally end your marriage, you must apply to the Superior Court of Justice for a divorce by:

Filling out the divorce application;
Submitting the divorce application to the Court;
Paying the required court fees;
Serving the divorce Application and,
Setting the matter down for a Divorce Hearing.

Eligibility Criteria

If you want an Ontario court to officially end your marriage, you can apply for a divorce if you meet the eligibility criteria, including:

You were legally married in Canada or in any other country;
You intend to separate or have separated from your spouse, without any reasonable prospect of reconciliation; and,
You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.

How long does it take to get a divorce in Ontario?

One Year Separation

A divorce will not be granted unless you have been separated from your spouse for at least one year. You can start the Divorce Application process before the one year of separation is complete however for the judge to sign the divorce Order, the one year of separation must be completed.

Uncontested Divorce v. Contested Divorce

A Simple Divorce is also known as an Uncontested Divorce, which is when you and your ex-spouse agree on the terms of the divorce. A Contested Divorce, on the other hand, is one where the spouses disagree on some or all of the issues. Some of the most common disagreements in divorce proceedings are over children decision-making responsibility, child and spousal support, and division of assets.

An Uncontested Divorce could take between 4 to 6 months. Whereas Contested Divorce may take months, if not years.