Divorce

What is Divorce?​

This article is a brief and general overview about Divorce. Divorce is the legal means by which a married couple must go through in order to end a marriage. Only married couples can get a divorce, and only a court may grant a divorce. Once the divorce process is finished, the court will grant a divorce certificate, which proves you are no longer married. 

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What laws apply to divorce? ​

The Divorce Act is a federal law that applies to a married couple when they request a divorce. The Divorce Act covers the conditions in which the divorce will proceed with, and also addresses issues such as child support, spousal support, and parenting arrangements for children in divorce cases.  

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How to get a divorce?​

In order to get a divorce, you must:

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1. Be separated from your spouse for at least one year

2. Submit an application to a Superior Court in Ontario to file for divorce 

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However, to better assist you in this complex procedure, you may also wish to retain a lawyer 

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Do I need a reasons for a Divorce? ​

No. You do not need a reason for a divorce. 

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Common FAQs:

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1. Can a judge refuse divorce because child support is not sorted? ​

Yes, a judge can pause the divorce because the law requires the judge to check for reasonable arrangements for child support. If there is no proper plan in place for child support, the judge will pause your divorce proceedings until child support is sorted. 

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2. Do both parents have to support their children financially after a separation or divorce?  ​

Yes, both parents need to financially support their children after a separation or divorce since your children have a legal right to financial support from both parents, and both parents have the legal responsibility to provide this support. A separation or divorce does not change this obligation. 

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