Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Share on twitter
Share on facebook
Share on linkedin

How Do I Get A Divorce?

Share on twitter
Share on facebook
Share on linkedin
Share on email

How Do I Get A Divorce?

By:

Posted June 5, 2018

A divorce legally ends your marriage and gives you the ability to get re-married.

The law to get a divorce is the same across Canada as it falls under the Divorce Act. While the process is not the most complicated, there is criteria that must be met and a number of steps that must be taken.

Criteria

An Ontario court can grant you a divorce if:

  • You and/or your spouse have ordinarily resided in Ontario for at least a year immediately before your divorce application; and
  • There has been a breakdown of a marriage.

Ordinary Residence

Being close to the Quebec border, we here in Ottawa have seen this question crop up several times.

To ordinarily reside somewhere is generally understood to be a place where a person regularly, normally or customarily lives in a settled routine. A sense of permanence is clear. Examples include having a home in a given province, where you work, if you have children, where they reside and go to school, and the province in which you file your taxes.

Breakdown of a Marriage

Spouses can establish a breakdown in the marriage if:

  • They have been living separate and apart for at least one year immediately preceding your divorce application;
  • A spouse has committed adultery since the marriage; or
  • A spouse has treated the other spouse with physical or mental cruelty of such a kind as to make it intolerable to continue living together as spouses.

Obtaining a divorce based on adultery or physical or mental cruelty is quite difficult. Most spouses will wait the one year to get their divorce.

Process

Either spouse can decide to start the divorce process and it can be done solely by one party, or jointly. Most commonly, parties already have a Separation Agreement in place, which will have already settled all of the issues resulting from the separation, and will also often say who’s responsible for the divorce process.

How long does it take? A few months. The Divorce Application is served on the other spouse and they typically have 30 days to respond to the divorce. If you have already settled everything via Separation Agreement or Court, then there will be no need for the served spouse to respond. There are a few more administrative steps, but once you receive your Divorce Order, your divorce is effective 30 days from the date of the Order. The Certificate of Divorce is the final document. This is the document you will need if you wish to remarry.

If you need assistance with obtaining a divorce, or in the steps leading up to a divorce, please don’t hesitate to contact our family law department.

This blog post was written by Olivia Koneval, a member of the Family Law team.  She can be reached at 613-369-0367 or at olivia.koneval@mannlawyers.com.

More Resources

Blog |
Employment, Labour, and Human Rights

By: 

Generally, the Employment Standards Act, 2000 (“ESA”) has been interpreted to protect non-unionized employees from “temporary” lay offs unless their employment contract permits such a[...]
Blog |
Business Law

By: 

Posted October 20, 2021

On October 19, 2021, the new Ontario Business Registry System launched. This new online registry now enables businesses and not-for-profit corporations to directly access services[...]
Blog |
Environmental Law

By: 

Posted October 14, 2021

In the decision of Greenpeace Canada (2471256 Canada Inc. v. Ontario (Minister of the Environment, Conservation and Parks), 2021 ONSC 4521, released September 3, 2021,[...]
Blog |
Employment, Labour, and Human Rights

By: 

Posted October 1, 2021

This blog continues our exploration of the potential employment law consequences stemming from the degree of control a party exerts within a variety of business[...]
Blog |
Personal Injury

By: 

Posted September 27, 2021

Personal Injury lawyers and their clients are all too familiar with the carnage and suffering caused by impaired drivers.  Canada has the worst rate of[...]
Blog |
Bankruptcy and Insolvency, Business Law

By: 

Posted September 24, 2021

As is noted by the Court of Appeal in McEwen (Re), released August 12, 2021, referred to here as “Traders”, the BIA is a complete[...]

Subscribe to Our Newsletter

Name*
Consent*
This field is for validation purposes and should be left unchanged.