Divorce & Separation Lawyers

The divorce process starts when one or both spouses decides they no longer want to continue the marriage (note that only one spouse needs to decide the marriage is over, both spouses do not need to agree). To be eligible to file a divorce, you need to have been legally married in Canada or another country, and have been separated for at least one year before you can start an application for divorce. You do not need to be separated for one year if your spouse committed adultery or if they have been physically or mentally abusive. In those cases, you can start an application for divorce immediately (however, you will need to prove these circumstances to the court). Once you meet these criteria, you can start an application for divorce with the court. If both parties agree, you can file a joint divorce application. Generally, it will take a few months for the court to process the divorce application.

The cost of a divorce varies depending on the complexity of the situation and the level of disagreement between the spouses. The complexity is mostly determined by the number of children involved, the amount of property to be divided, whether one or both spouses own a business and the jurisdictions that would apply (e.g., living in another country or province). A higher cost is incurred when the spouses cannot agree on key issues, as reaching a settlement then requires additional negotiation time and potentially involvement from 3rd party arbitrators/mediators and/or the courts.

Once the eligibility criteria are met, then an application for divorce is usually processed by the courts within a couple of months. The length of time it takes to get divorced will be mostly driven by the amount of time it takes to reach a settlement between both parties. Most couples can reach an agreement in six to nine months. This settlement process is usually conducted while the couple is in the one year separation period.

In most case, yes you need to be separated for at least one year before you can start the application for a divorce. The date of separation is the day that one of you communicated to the other that the marriage is over. Both parties do not need to agree to the separation, only one party does. You have to be separated for one year before you can apply for a divorce; however, you do not need to wait that one-year period if your spouse committed adultery or if they have been physically or mentally abusive. This process to prove adultery or cruelty can be difficult and long; therefore, it is usually recommended that the parties wait that one year to be separated and then seek their divorce.

No, you have a right of possession until there is a settlement that has been reached or unless the other party has a court order indicating that you must leave the home.

No, you can change your last name back to your maiden name following a divorce. You are also entitled to keep your husband’s or wife's last name or change your last name to a completely new name as well.

When you are in a common-law relationship, you are unable to get divorced because you did not legally get married. Instead, you will need to resolve all parenting and financial issues arising as a result of the breakdown of your relationship. In general, common-law partners have fewer rights than married spouses; however, courts are now recognizing that common-law relationships are joint partnerships and individuals can now seek remedies against their partner’s assets. The main difference between being in a common-law relationship vs. a marriage is that in a common-law relationship, assets and liabilities are divided based on ownership, rather than being split as they are in a marriage. However, there are still several remedies available to you to ensure you get what is rightfully yours. Learn more about common-law separation.

An uncontested divorce is where both parties agree to the Divorce. This is typically the fastest way to obtain a Divorce, however, you will still need to be separated for at least one year prior to being able to submit an application for divorce. We charge a flat fee of $2,250 for an uncontested divorce.

The conduct of parties cannot be taken into account when making determinations on child support, spousal support or property settlement. The most frequently asked question is will I lose my children or my right to support if I cheated. The answer is no you will not because we have a no fault system in Ontario.