How To File For Divorce In Ontario

Many people search for how to file for divorce in Ontario. The divorce laws in Ontario are the same as other Canadian provinces. There is no need to be Canadian to apply for a divorce. You will however need to show you are legally married in some country. You will also need to show that you and your ex will not likely get back together. The most common way to show that is to have been separated for at least a year, adultary or abuse.

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You may be able to show that your marriage has fallen apart before the one-year mark. You may need to prove that someone cheated or that there was abuse. This can be hard to prove so most people just wait for the full year.

How To File For Divorce In Ontario

Please note that divorce does not apply to common law couples. You must have been legally married to be able to get divorced. If you are breaking up with someone in a a common law relationship, the term is separation instead of divorce. You can use a separation agreement for both marriage and common law. The separation agreement can cover issues related to spousal support, the child, and division of assets. The separation agreement is sometimes general and sometimes very detailed.

Do I need To Prove My Spouse Did Something Bad?

In Canada we have no fault divorce. You don’t need to prove your spouse is a bad person.

How to Start the Divorce Process in Ontario?

  • Fill out all the divorce forms (we can do this)
  • Send the forms to an Ontario court
  • Pay the court fees
  • Respond to any questions the court has (hopefully none if you did the forms correct)

Read more: There Is Always Someone Cheaper

Divorce in Ontario Process (If You Start)

  1. Prepare the application (we can do this)
  2. Get the application approved by the court
  3. Get a court file number
  4. Serve your spouse (if you can find them)
  5. File proof you served spouse

Divorce in Ontario Process (If Spouse Starts)

  1. Receive the claim
  2. Contact a family lawyer
  3. Work on the reply to the claim
  4. File the response in court