Ontario
Divorce Residency Requirements To Get Divorce In Ontario
To file your divorce forms in Ontario, either you or your spouse must currently be a resident and have been so for at least 12 consecutive months. If this isn’t the case, you will need to wait until at least one of you has lived in Ontario for at least a full year. There is one exception—if the marriage was performed in Ontario and your province does not recognize your marriage as valid (i.e., same-sex marriage), you may be divorced in Ontario without being a resident.
What Are The Rules Governing Divorce In Ontario?
Canada’s Divorce Act regulates divorce in Ontario. As such, you are required to prove that your marriage has broken down. The laws state that a breakdown in marriage has occurred if:
- You and your spouse have lived separately for at least one year—with the notion that the marriage is over. Most divorces in Canada are based on the “one year of separation” notion. Separate and apart doesn’t necessarily mean different homes; a couple can be separated and share a home for various reasons.
- Your spouse has committed adultery.
- Your spouse has been cruel to you (committed physical and/or mental acts of cruelty).
Legal Basis For Divorce In Ontario
When using Divorce.com for your divorce, the grounds must be based on one year of separation, adultery, and/or cruelty. If you are utilizing one of the latter two options, you must not be the one that committed the act leading to the divorce. Also, for these reasons, you may have to show proof that this ground applies to your particular situation.
Separation
The Divorce Act of Canada states that you must have been living apart for at least one year. The divorce may be filed before the year has passed, but a decision won’t be issued until after one full year. It is possible for spouses to live in the same home, as long as at least one of the spouses intends for there to be separation implied. This type of situation is not usually questioned.
Separation Agreement
There is no court-ordered requirement that you have a separation agreement. Most lawyers would request that you have one, and it can be beneficial, especially when there are children involved and/or property that must be divided. Divorce.com includes a separation agreement with your forms if any of these issues are included in your divorce.
Children
One stipulation of the Divorce Act is that the court must make reasonable arrangements as to the support of any minor children. As such, there may be an order for support if a spouse isn’t paying. When you use Divorce.com, there will be paperwork for custody, parenting time, and child support included in your package should this be deemed necessary.
Divorce.com provides you with all information necessary to determine the appropriate amount of child support either spouse should be paying. If you are the one who needs to pay and are paying less than the Federal Child Support Guidelines, the court may not grant your divorce without an attorney unless you agree to higher support or have an agreement from your spouse with the reasoning for the lower amount of support. Divorce.com cannot guarantee divorces where the applicant does not pay proper child support.