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Married couples seeking a divorce in Ontario are subject to the federal Divorce Act, which states that a court may grant a divorce to parties where there has been a “breakdown of the marriage.” Unlike a separation agreement that can be finalized outside of court, only a court can grant a divorce. It is up to the parties filing their application for divorce to satisfy the court that there has been a breakdown of the marriage.

According to the law, a breakdown is recognized where the parties have been separated for at least one year or where the party filing the application proves that their spouse has committed cruelty or adultery. In practice, the vast majority of couples rely on the one-year period of separation as the ground for divorce.

Ontario family law provides for a “no-fault” approach to divorce. Therefore, regardless of the reason for divorce, or whether or not the divorce was one person’s “fault,” the parties’ entitlement to property division, custody and/or access to their children and to support is not affected.

Where there are no complex issues involved (e.g., who will have custody), a divorce application can take several months to finalize. However, the divorce will not be granted until the one-year period of separation has elapsed. Where there are more complex issues to be resolved, an experienced family lawyer can help guide you in the process and ensure that your rights are protected.