The Law Regarding Divorce in Ontario

Divorce law is regulated by the federal government under the Divorce Act.  The Divorce Act is applicable across Canada and in Ontario when it comes to divorces.

Under the Divorce Act, a divorce is established only where a breakdown of the marriage is established.  There are three main ways in which this breakdown of the marriage can be established:

  1. Where the spouses have lived separate and apart for at least 1 year with the intention that their marriage has broken down;
  2. Adultery; and
  3. Where one spouse has treated the other spouse with physical or mental cruelty.

The most common ground for divorces is based on legal separation for 1 year.  There is much confusion among the general public regarding legal separation.  Some people mistakenly assume that the spouses have to move out and not live together for 1 year in order for legal separation to be established – this is not necessarily true.  Legal separation may be established even if you live under the same roof so long as the court is satisfied that the spouses did not intend to resume cohabitation.

For more information on obtaining a divorce in Ontario, contact our Toronto divorce lawyer now.

Helpful Resources:

Divorce and Separation
Family Justice Services
Child Custody and Access
Spousal Support
Child Support
Division or Equalization of Family Property
Treatment of a Matrimonial Home
Enforcement of Support Payments
Child Protection
Child Adoption

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