How does divorce work in Ontario?

Divorce in Canada is governed by the federal Divorce Act, which applies uniformly across all provinces including Ontario. To get a divorce, at least one spouse must have lived in Ontario for at least one year before starting the court application. The sole ground for divorce is marriage breakdown, which is established in one of three ways: one year of separation, adultery, or physical or mental cruelty. The vast majority of divorces proceed on the one-year separation ground.

You start the divorce by filing a court application in the Ontario Superior Court of Justice. The court reviews the application, and if children are involved, the judge must be satisfied that reasonable arrangements have been made for their support. Once approved, the court issues a divorce order, which typically takes effect 31 days later — after which either spouse can request a Certificate of Divorce.

The process can be straightforward if both spouses agree on all issues, or it can involve contested hearings if property, support, or parenting is disputed.