Divorce is a difficult process that unfortunately is much more than simply separating from your spouse. It is a multi-faceted legal event that can affect every aspect of your life. In order to best traverse this tough time, you need to be aware of the relevant legislation. But what are the laws of divorce in Ontario?
In this blog, we cover what pieces of provincial and federal legislation govern divorces in Ontario, the types and grounds for the divorce, the divorce process in Ontario, and why working with a divorce lawyer is a must if you want your separation process to be conducted fairly and efficiently.
The Divorce Act and the Family Law Act: Divorce Law in Ontario
Divorce, in its simplest terms, refers to the legal dissolution of a marriage. In Ontario, divorce proceedings are governed primarily by two key pieces of legislation: the Divorce Act and the Family Law Act.
The Divorce Act
The Divorce Act is a federal law that outlines the requirements and procedures for getting a divorce in Canada and establishes the grounds for divorce.
The Family Law Act
The Family Law Act governs the broader spectrum of family law issues in Ontario. It covers matters like child support, spousal support, child access, and property division for both married and unmarried couples.
Types of Divorce and Grounds for Divorce
In Ontario, divorces are categorized into two main types: uncontested and contested.
- Uncontested Divorce: This occurs when both spouses want a divorce and agree on how to handle the related issues (i.e. child access, support, and division of assets) without court intervention. It’s typically a faster and less expensive process.
- Contested Divorce: A contested divorce, on the other hand, means that the spouses cannot agree on those big issues. A judge must therefore consider the applicable evidence and make legal determinations.
The three grounds for divorce in Canada are:
- Adultery: If a spouse has committed adultery, it can be grounds for divorce if the other spouse can prove the infidelity.
- Cruelty: This ground covers physical or mental cruelty inflicted by one spouse upon the other (including coercive and controlling behaviour), as well as other forms of family violence.
- Separation: If spouses have been living separate and apart for at least one year with the intention of ending the marriage, this constitutes grounds for divorce. This is the most common ground under which divorces proceed in Ontario.
The Divorce Process in Ontario
Here is how the divorce process typically unfolds in Ontario:
- Filing the Divorce Application: This initiates the legal proceedings and outlines the grounds for divorce.
- Serving the Application: The application must be served to the other spouse, who then has the opportunity to respond.
- Answer: The respondent must then file their Answer if they contest any of the claims made by the applicant. If they do not file an Answer, the applicant may proceed on an uncontested basis once the timeline for filing and Answer has elapsed. The respondent may also make claims of their own in the Answer.
- Reply: the applicant has an opportunity to respond to any new information or claims raised by the respondent in their Answer.
- Case Conference: A mandatory court appearance that commences the court process, where both parties and their lawyers appear before a judge to discuss the issues and explore potential resolutions.
- Motion for Temporary Orders: In some cases, temporary orders may be necessary for issues like child access or support during the divorce process.
- Settlement Conference: A court appearance before a judge aimed at reaching a settlement agreement prior to moving the matter forward to trial.
- Trial and Judgment: If no settlement is reached, the case proceeds to trial where a judge makes a final decision.
Timeline of the Divorce Process in Ontario
On average, an uncontested divorce typically takes about four to six months to finalize (though this is dependent on the jurisdiction and how quickly uncontested divorces are being dealt with by the judges in that particular jurisdiction), while a contested divorce can take much longer — often a year or more. That said, the exact time it takes can vary based on a few different factors:
- Complexity of the Issues: The more complex the issues involved, the longer the process can take (child access, spousal support, etc.).
- Cooperation Between Parties: If both spouses can amicably reach agreements on key issues, the process tends to move more quickly.
- Court Backlog: The workload of the family courts and the availability of court dates can impact how quickly a divorce case progresses through the legal system.
- Legal Assistance: Having legal representation streamlines the process and ensures all the necessary paperwork is filed correctly and on time.
- Mediation or Alternative Dispute Resolution: Opting for mediation or other alternative dispute resolution methods can expedite the process.
Lighthouse Family Law – Navigate Your Separation With Confidence
If you are navigating a divorce or separation, having a legal professional in your corner will simplify the process for you. At Lighthouse Family Law, we give those looking to move on to the next chapter of their lives the support and legal guidance they need to get through this difficult process. Whether you need a divorce lawyer in Oakville, a divorce lawyer in Mississauga, or elsewhere in Ontario, trust us to light the way. Contact us now to schedule a consultation.
