How long do I have to be separated before I can divorce in Ontario?
The most common ground for divorce is one year of living separate and apart. You can file the application before the year is up, but a court cannot grant the divorce until the full year has passed. Adultery and cruelty are alternative grounds that do not require the one-year wait, but they must be proven and often make the process longer and more contentious.
Do we have to go to court to get divorced?
Not usually. If you and your spouse agree on all issues — or have settled them in a separation agreement — you can proceed with a simple or joint divorce that is decided on the documents, with no court appearance. Roughly nine in ten Ontario family cases settle before trial.
Can I be separated while still living in the same house?
Yes. In Ontario, spouses can be legally separated while living under the same roof, as long as they are living separate and apart — leading genuinely separate lives. The date this begins is important, because it starts the one-year clock for divorce and sets the valuation date for property.
What is the difference between a separation agreement and a divorce?
A separation agreement is a private contract that resolves parenting, support, and property. A divorce is the court order that legally ends the marriage. Many couples sign a separation agreement first and then obtain a simple divorce afterward; the two are separate steps.
How is child support calculated in Ontario?
Child support follows the Federal Child Support Guidelines: a table amount based on the paying parent's gross income and the number of children, plus a proportionate sharing of special or extraordinary expenses such as childcare, certain medical costs, and post-secondary education. Child support is the child's right and cannot be bargained away below the Guideline amount.
What are the terms "parenting time" and "decision-making responsibility"?
Since the Divorce Act amendments took effect on March 1, 2021, Ontario uses "parenting time" for the schedule during which a child is with each parent and "decision-making responsibility" for authority over major decisions like education, health, and religion. These replaced the older terms "custody" and "access" to reduce adversarial framing.
How does Ontario divide our property?
Ontario equalizes net family property rather than splitting assets directly. Each spouse calculates the growth in their net worth from the date of marriage to the date of separation, and the one with the larger increase pays half the difference to the other. The matrimonial home has special rules and generally cannot be excluded from the calculation.
I'm in a common-law relationship. Do I have the same rights as a married spouse?
Not entirely. Common-law partners in Ontario have no automatic right to equalization of property. After three years of cohabitation, or having a child together, a partner may be entitled to spousal support, and may pursue a property claim through unjust enrichment or a constructive trust. The rules are meaningfully different from those for married spouses.
How much does a divorce cost in Ontario?
It varies widely. A DIY or fully uncontested divorce can cost only the court fees plus modest legal fees, while a highly contested matter can run much higher. As a general benchmark from published 2026 market data, uncontested divorces commonly fall in the $1,500 to $3,000 range in legal fees, plus court filing fees and disbursements. Your own cost is confirmed in a written estimate after a consultation — the figures here are indicative only and not an offer to contract.
What is a retainer, and how does it work?
A retainer is an upfront deposit held in a lawyer's trust account and applied against fees as work is done. For uncontested matters it is typically smaller; contested matters generally require a larger retainer that is replenished as it is drawn down. The unused balance is returned to you.
Do I need financial disclosure even if we agree on everything?
For any agreement involving support or property, yes. Ontario imposes a mandatory duty of full and frank financial disclosure. Agreements made without proper disclosure are vulnerable to being set aside later, even where both parties initially agreed — so complete disclosure protects the finality of your settlement.
Can a separation agreement be changed or overturned later?
It can be, in defined circumstances — for example, where there was inadequate disclosure, no independent legal advice, or evidence of duress or an unconscionable bargain. Child-support terms below the Guidelines are especially open to challenge. This is why agreements should be properly made from the start: in writing, signed, witnessed, and supported by disclosure and legal advice.
What is mediation, and is it right for us?
Mediation is a voluntary process in which a neutral mediator helps you negotiate an agreement without a judge deciding for you. It is often faster and less costly than litigation and works well where both parties can communicate reasonably. Where there are serious power imbalances or safety concerns, mediation may not be appropriate — we help you assess this honestly.
How quickly can you help me get started?
We aim to respond to new enquiries within one business day and to arrange a confidential consultation promptly. Some matters — particularly those involving a child's safety or an urgent court deadline — are time-sensitive, so if your situation is urgent, say so when you contact us and we will prioritize it.
Do you offer a consultation before I commit to anything?
Yes. We begin with a confidential, no-obligation consultation so you can understand your rights and options before deciding whether and how to proceed. You will receive a written scope and fee estimate before any substantive work begins.