Family Law

Divorce in Ontario: The Basics

Divorce ends a marriage, but other issues often need deciding too. Here is a plain-language overview for Ontario.

Couple signing marriage certificate with officiant present

Divorce is governed by the federal Divorce Act. In Ontario, divorce applications are made in the Superior Court of Justice (or its Family Court branch).

The short answer

Most divorces are based on living separate and apart for at least one year. Couples who agree can apply jointly; others use a simple or contested application. Property, support and parenting can be decided by agreement or by the court.

Grounds

The only ground is breakdown of the marriage, shown by:

  • living separate and apart for at least one year (by far the most common);
  • adultery; or
  • cruelty.

Types of application

  • Joint divorce: both spouses apply together.
  • Simple divorce: one spouse applies, asking only for a divorce.
  • Contested divorce: with other claims, such as support or property.

Other issues

  • Property: under Ontario's Family Law Act (equalization of net family property)
  • Spousal support and child support
  • Parenting time and decision-making for children

After the order

lady justice statue with scales and sword

A divorce generally takes effect 31 days after the order. You can then get a divorce certificate.

Getting help

Family law is outside a paralegal's licence. NEO can refer you to a family lawyer, and Legal Aid Ontario and Family Law Information Centres can help.

Talk to NEO

Family law is outside a paralegal's licence. NEO can refer you to a family lawyer, and commission or notarize documents. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Marriage Contracts and Cohabitation Agreements in Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Couple signing marriage certificate with officiant present · lady justice statue with scales and sword.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

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Law Society of Ontario — Barreau de l'Ontario
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