How to Apply for a Divorce in Ontario? — 2021 Guide

Sachdeva Milne Law Group
3 min readJul 30, 2021

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Divorces are hard. Divorce takes its toll on people going through it. It is an emotional period and people need the right guidance during such a hard time. Here is everything you need to know about getting a divorce in Ontario in 2021.

Divorce Procedures in Ontario

Legally Accepted Reasons for Getting a Divorce

Getting a divorce is a serious decision. Not just for the couple but also for the court. Courts don’t take divorce cases lightly. The court will demand specific reasons for letting people get separated legally.

The court will be looking for certain grounds when it comes to divorce cases. Divorces are granted on 3 grounds in Ontario. They could be any one of these: a year of separation, adultery, physical or mental cruelty.

Divorce Process in Ontario — Step-by-step Guide

Step 1: Get the right forms. You could get it from a court office or a family lawyer could help you with that.

Step 2: Determine on what grounds you are seeking a divorce and whether it is contested or uncontested. Also make parenting agreements if children are involved.

Step 3: File for the divorce and wait for clearance from the Divorce Registry. Your spouse will have 30 days to respond once the divorce papers have been served.

Step 4: After the 3 days and considering your spouse’s response the court will review everything and issue a Divorce Order if satisfied.

Step 5: Collect your Certificate of Divorce 30 days after divorce is granted. Then you are officially divorced and can remarry if you want to.

Legally Accepted Reasons for Getting a Divorce

Exception to Residency Requirements

Only Canadian residents can get a divorce in Canada. Non residents can get separated if they meet certain requirements.

If a couple got married in Canada and if they are currently in another country that doesn’t recognize their Canadian marriage, they could get separated by applying to a superior court in the territory they got married and end their marriage under the Civil Marriage Act. But issues like child support still need to be resolved.

Reasons Why You Should Hire a Family Lawyer for Divorce Process

Legal issues, especially when it is related to your family, cannot be resolved on your own. You would need expert legal advice and a great deal of support to handle things without letting your emotions cloud your judgements.

Family lawyers in Brampton, Toronto, Mississauga or any other major cities in Ontario are known to provide excellent legal help. They can help you to handle the paperwork and guide you through the process.

Being ill prepared to handle a legal issue would make things take longer than the required time. Always understand the latest rules while moving forward with a case in court.

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Sachdeva Milne Law Group is prepared to offer a wide range of legal services in and is trained to offer collaborative law services.