Do I need to divorce?
Deciding to end a marriage is a deeply personal and often difficult decision. For many, the process of divorce can feel overwhelming, especially if you’re unsure where to start or whether you even need a divorce. In Ontario, the process is guided by clear laws and procedures, but understanding your unique situation is key to determining your next steps.
Here, we’ll walk you through the basics of divorce in Ontario, when you might need one, and how to navigate the process with clarity and confidence.
What is Divorce?
A divorce is the legal termination of a marriage. It officially ends the marital relationship and allows both individuals to remarry if they choose. Divorce in Ontario is governed by the Divorce Act, a federal law that applies across Canada.
While many issues related to separation—like parenting arrangements, child support, and property division—can be resolved without a divorce, the divorce itself is necessary to dissolve the legal bond of marriage.
Do I Need a Divorce?
You will need a divorce if:
You want to remarry: A divorce is required to enter into a new marriage legally.
You are legally married: If your marriage was registered and recognized under Canadian law (or validly recognized abroad), a divorce is needed to end it.
However, you do not need a divorce if:
You are in a common-law relationship: In Ontario, common-law relationships are not considered marriages, so no legal divorce is required. However, separating common-law partners may still need to resolve financial and parenting matters.
You are already separated: Legal separation does not require a formal process or court order in Ontario. Simply living apart with the intention to separate is enough to establish a separation.
Grounds for Divorce
Under the Divorce Act, there is only one legal ground for divorce:
Breakdown of the marriage, which can be proven in one of three ways:
Living separately for at least one year: This is the most common basis for divorce.
Adultery: If one spouse has committed adultery, the other may file for divorce on these grounds.
Cruelty: If one spouse has treated the other with physical or emotional cruelty, a divorce may be granted.
It’s important to note that fault-based grounds like adultery or cruelty can be more challenging to prove and may lead to a longer, more contentious process.
How to File for Divorce in Ontario
Determine the type of divorce: You can apply for a divorce in one of two ways:
Joint divorce: Both spouses agree to the divorce and file together.
Sole divorce: One spouse files for divorce, even if the other does not agree.
Resolve key issues: Before filing, it’s essential to address matters like:
Child support and parenting arrangements
Division of property and debts
Spousal support
File the application: Submit a divorce application to the Ontario Superior Court of Justice. You’ll need to provide documents such as your marriage certificate and any agreements or court orders related to support or parenting.
Wait for the divorce order: If all issues are resolved and your paperwork is complete, the court will grant a Divorce Order. This typically takes a few months but can take longer if disputes arise.
Receive the Certificate of Divorce: Once the divorce order is final (31 days after it is issued), you can request a Certificate of Divorce, which serves as official proof of your divorce.
What if You Don’t Agree on Key Issues?
If you and your spouse cannot agree on matters like child support, spousal support, or property division, you may need to:
Try mediation or arbitration: These methods can help you resolve disputes without going to court.
Go to court: If no agreement can be reached, a judge will decide the unresolved issues. Keep in mind that court proceedings can be time-consuming and costly.
Legal Separation vs. Divorce
It’s important to understand the difference between separation and divorce:
Separation: Simply living apart with the intent to end the relationship. You can settle most issues through a separation agreement, which is a legally binding contract.
Divorce: A formal legal process that ends the marriage and allows for remarriage.
You don’t need a divorce to resolve financial or parenting matters; these can be addressed during separation.
Do You Need a Lawyer?
While you can file for divorce on your own, consulting a family lawyer is often a good idea, especially if:
You have complex financial matters to resolve.
Disputes over parenting or support exist.
You’re unsure of your rights or obligations.
A lawyer can guide you through the process, help you draft necessary documents, and ensure your interests are protected.
Conclusion
Deciding whether you need a divorce depends on your unique circumstances. If you’re ready to legally end your marriage, understanding the process and requirements can help you move forward with confidence. For those unsure of their next steps, seeking advice from a family lawyer or mediator can provide clarity and ensure your rights are upheld.
Remember, divorce is not just a legal process; it’s a step toward building a new chapter in your life. With the right information and support, you can navigate this transition with care and confidence.
