Divorce in Toronto: Frequently Asked Questions
Divorce is often accompanied by uncertainty, particularly for individuals who are unfamiliar with the family law process. Whether you are considering separation, have recently separated from your spouse, or are ready to begin divorce proceedings, understanding your rights and obligations is an important first step.
Below are answers to some of the most frequently asked questions about divorce in Toronto and Ontario.
What Is the Difference Between Separation and Divorce?
Separation occurs when spouses decide to end their relationship and begin living separate lives.
Divorce is the legal process that formally ends a marriage.
You do not need to be divorced to resolve issues such as parenting arrangements, child support, spousal support, or property division.
How Do I Get a Divorce in Ontario?
To obtain a divorce in Ontario, at least one spouse must generally have lived in Ontario for at least one year before filing a divorce application.
Most divorces are granted on the basis that the spouses have lived separate and apart for at least one year.
A divorce application is filed with the Ontario Superior Court of Justice.
How Long Does a Divorce Take?
The timeline depends on several factors, including:
Whether the divorce is contested or uncontested;
Whether issues involving children, support, or property remain unresolved; and
Court processing times.
Uncontested divorces are generally resolved more quickly than contested matters.
Do I Need a Lawyer to Get Divorced?
While it is possible to proceed without legal representation, obtaining legal advice can help you understand your rights and avoid costly mistakes.
A lawyer can assist with:
Divorce applications;
Separation agreements;
Child custody and parenting issues;
Child support;
Spousal support; and
Property division.
How Is Child Custody Determined?
In Ontario, parenting decisions are based on the best interests of the child.
The court may consider:
The child's needs;
The child's relationship with each parent;
Stability and continuity;
Each parent's ability to care for the child; and
Other relevant circumstances.
The law now generally refers to decision-making responsibility and parenting time rather than custody and access.
How Is Child Support Calculated?
Child support is generally determined using the Federal Child Support Guidelines.
The amount payable is typically based on:
The income of the paying parent;
The number of children; and
Parenting arrangements.
Additional contributions may also be required for certain special or extraordinary expenses.
Am I Entitled to Spousal Support?
Spousal support depends on the circumstances of the relationship.
Factors that may be considered include:
The length of the relationship;
The roles of the spouses during the relationship;
Financial circumstances; and
Economic advantages or disadvantages arising from the relationship.
Not every divorce results in a spousal support obligation.
How Is Property Divided in Ontario?
For married spouses, property division generally involves the equalization of net family property.
This process compares the increase in each spouse's net worth during the marriage and may result in an equalization payment.
Property division can become complex when significant assets, businesses, pensions, or real estate are involved.
Do I Have to Go to Court?
Not necessarily.
Many family law matters are resolved through:
Negotiation;
Mediation;
Settlement discussions; and
Separation agreements.
Court proceedings are often only necessary when parties cannot reach an agreement.
What Should I Bring to a Consultation?
It may be helpful to bring:
Marriage certificates;
Court documents;
Financial information;
Tax returns;
Existing agreements; and
Any documents relevant to your concerns.
The more information available, the easier it is to provide meaningful legal advice.
Seeking Legal Advice
Every divorce is unique. The decisions made during separation and divorce can have long-term consequences for your finances, your relationship with your children, and your future.
Nzemeke Law PC assists individuals and families throughout Toronto and the Greater Toronto Area with divorce, separation, child custody and parenting matters, child support, spousal support, property division, and other family law issues.
If you have questions about divorce or your rights under Ontario family law, scheduling a consultation can help you better understand your options and the next steps available to you.
