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The Divorce Centre

Separating and moving toward divorce in Ontario, step by step: what changes right away, interim arrangements, disclosure, negotiating or going to court, the agreement or order, the divorce itself, and what comes after.

Separating and moving toward divorce in Ontario, step by step: what changes right away, interim arrangements, disclosure, negotiating or going to court, the agreement or order, the divorce itself, and what comes after. Seven stages carry you through it — separation, interim arrangements, disclosure, negotiate or court, agreement or order, divorce and after — each explaining what happens, who is responsible, and what Ontario law requires. Calculators, a glossary and guides to download sit alongside the stages, and every one ends with our flat, published fee and a way to start a file online.

Who you'll deal with

And what each one is actually responsible for.

Your lawyer

Advises you, prepares and serves documents, negotiates with the other side, represents you at conferences, motions and trial if it comes to that, and takes the divorce itself through to a final order.

Regulated by Law Society of Ontario
Your spouse's lawyer

Does the same job for your spouse. If your spouse is unrepresented, expect the process to take longer and to require more from your own lawyer in writing.

Regulated by Law Society of Ontario
Judge

Manages the case at conferences, decides motions for interim relief, and — if nothing settles — hears the trial and makes the final orders, including the divorce.

Regulated by Ontario Superior Court of Justice
Dispute Resolution Officer

An experienced family lawyer who runs an early, neutral case conference in select courthouses to narrow issues and test settlement before the case goes further.

Regulated by Ministry of the Attorney General
Family Law Information Centre

Courthouse staff who explain the process, the forms and the Mandatory Information Program. They give information, not advice, and cannot tell you how your case will turn out.

Regulated by Ministry of the Attorney General
Financial professional

A chartered business valuator, actuary or accountant who values a business, pension or income for support when the numbers are not straightforward.

Regulated by CBV Institute, Canadian Institute of Actuaries or CPA Ontario as applicable
Office of the Children's Lawyer

May be asked by a judge to represent a child's interests or to investigate and report on a contested parenting dispute. Not automatic in every case.

Regulated by Ministry of the Attorney General
Family Responsibility Office

Enforces support once an order or a filed agreement is registered with it, collecting from the payor and paying the recipient, and can suspend a licence or garnish wages for arrears.

Regulated by Ministry of Children, Community and Social Services

Words worth knowing

A few from the full glossary.

Separation

Living separate and apart with at least one spouse intending it to be permanent. Not a filing or a certificate — a fact that can be dated later if disputed.

Valuation date

The date property and debts are valued for equalization — usually the date spouses separate with no reasonable prospect of resuming cohabitation.

Parenting time

The time a child spends in a parent's care, including everyday decisions made during that time. Replaced 'access' in the Divorce Act in 2021.

Decision-making responsibility

Authority over significant decisions about a child — health, education, culture, religion and major activities. Replaced 'custody' in the Divorce Act in 2021.

Best interests of the child

The only test for a parenting order under the Divorce Act and the Children's Law Reform Act, with primary consideration given to the child's safety, security and well-being.

Family violence

Under the Divorce Act, violent or threatening conduct or a pattern of coercive and controlling behaviour, including financial abuse — not only physical harm. A factor a court must consider in parenting decisions.

Ready when you are.

Start a file online in about seven minutes, or ask a lawyer first. Flat, published fees.

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