After ‘living separate and apart’ for one year, either party can apply to court for a divorce. The law in Ontario does not require the consent of both spouses to grant a divorce.
There is only one necessary ground for divorce, which is marriage breakdown and being separated for one year. Before granting a divorce, a court will ensure that there is no possibility of reconciliation, and that reasonable arrangements have been made for the support of any children of the marriage. If no arrangements are in place, or if the arrangements are inadequate, the court may delay the granting of a divorce until such arrangements are made. Unless a divorce is contested by the other spouse, the court process is typically one that is limited to filing certain completed forms and paper work, and in most cases, there is no need for a hearing or actual attendance at court.
We can help you with any issues related to your separation or divorce
Our experience allows our lawyers to provide you with family law services that focus on finding solutions to issues related to your separation or divorce that work for you. Issues that we can help you resolve, regardless of how simple or complex, include: