Overview
As per the Divorce Act in Canada a breakdown in marriage is deemed only have to occurred when:
- The spouses have lived separate and apart for at least one year prior to the divorce proceedings; OR
- One spouse has committed adultery or has inflicted physical or mental cruelty on the other person to the point where their continued cohabitation is intolerable.
Where To Start
If you have recently separated from your partner, please refer to our Separation section for more information.
If you have been living separate and apart for one year then you can legally apply to be divorced from your spouse.
The court will need to be satisfied that the following matters have been resolved before they issue a divorce:
- Proper access and custody arrangements of your children have been made;
- Child support and spousal support arrangements have been made;
- Property has been divided and equalized.
What You Need
You will generally need one of the following documents in order to obtain a divorce:
- Separation Agreement (if yourself and your spouse had one made)
- Court Order that satisfies access and custody of children, child and spousal support, and division of property. (If you went through the court process)
You will also need:
- The original copy or a certified copy of your marriage license.
Helpful Links
Ontario Family Law Obtain a Copy of a Divorce Order Mental Health During Divorce Divorce Act
