Divorce & Separation
Separation raises urgent questions about children, the home, money, and the future. Tanya helps you understand what happens, in what order, and which decisions matter first.
Enter your date of separation to see when the one-year period ends.
An estimate for separation-based divorces only. Your date is not stored or sent anywhere.
One ground
Breakdown of the marriage, under the federal Divorce Act. It can be shown by separation, adultery, or cruelty.
One year apart
Most divorces rely on at least one year of living separate and apart. You can apply sooner, but the divorce is granted only once the year has passed.
One year resident
At least one spouse must have ordinarily lived in Ontario for a year before applying here.
Two different things
Most of the important decisions are made at separation, long before a divorce is granted.
Separation happens when one or both partners decide the relationship is over and begin living separate and apart, which can even happen under the same roof. There is no form to file. Parenting, support, and property are usually resolved during this period, through negotiation, mediation, or a court application, and recorded in a separation agreement or court order. Separation rules apply to married and common-law couples alike.
Divorce is the court order that legally ends a marriage, and only married spouses need one. It is granted by the Superior Court of Justice. Where the other issues are already settled, a divorce application is often a straightforward paper process. A divorce takes effect 31 days after it is granted, and remarriage is possible only after that.
Married or common-law
Many of the same questions arise for both, but the law answers some of them differently.
The usual sequence
Before moving out, changing parenting routines, or moving money, understand how each step could affect your position.
The date of separation matters for property and support. Both spouses must exchange full financial disclosure.
Parenting, child and spousal support, and property, through negotiation, mediation, or the court where needed.
A separation agreement, drafted with full disclosure and independent legal advice, or a court order.
For married spouses, once the one-year period has run, the divorce application closes the legal chapter.
Separation usually touches several areas at once. Forte looks at how the pieces fit together.
Yes. What matters is how the relationship functions: separate bedrooms, finances, meals, and social lives can all be relevant. A brief attempt at reconciliation of up to 90 days does not restart the one-year period.
Leaving does not by itself give up your interest in the home, but it can affect parenting routines and practical arrangements. Get advice before you move out.
Not legally, but resolving parenting, support, and property first is usually wise. A court will generally want to see that reasonable child support arrangements are in place before granting a divorce.
Common-law partners do not need a divorce, but parenting, child support, and in many cases spousal support apply. Property is treated differently from married spouses, so advice matters.
Book a consultation
A complimentary telephone consultation of up to 30 minutes, to discuss your situation, your goals, and your options.
This page is general information about Ontario law and is not legal advice.