One spouse (or both spouses if they elect to do so jointly) may proceed to obtain a divorce by taking the following steps once all other issues are resolved:
- Commencing an Application for a Divorce: This document must be issued by the Courthouse, served on your spouse and then filed with the Courthouse.
- Filing of an Affidavit for a Divorce: The spouse who served an Application for a Divorce may then proceed to swear an Affidavit for Divorce and file the document with the Courthouse.
- Filing of an Affidavit for a Divorce: The spouse who served an Application for a Divorce may then proceed to swear an Affidavit for Divorce and file the document with the Courthouse.
- One of the grounds for divorce is present;
- The other legislative requirements are met regarding the capacity of the spouse commencing the Application; and
- If there are children, there are reasonable arrangements for the support of the children.
After obtaining a Divorce Order, you will then proceed to obtain a Certificate of Divorce which is required should you choose to remarry in the future.
A Court may grant a divorce on three grounds:
- The spouses have lived separate and apart for one year;
- Adultery; or
- Cruelty.
Although there are three grounds for divorce, the first of these grounds (living separate and apart for one year) is the most common ground of divorce in Ontario. Although commonly misunderstood, living separate and apart does not require you to be residing at a different residence than your former partner. That is, you may be living separate and apart under the same roof depending on the circumstances surrounding your relationship.
Furthermore, you may commence an Application for a Divorce prior to living separate and apart from your spouse for one year but a Court will not grant a divorce on such grounds until one year has elapsed from your date of separation.
A Court will not grant a divorce if:
- Reasonable child support arrangements have not been made;
- The party applying for a divorce is either directly or indirectly a party to subverting the administration of justice by fabricating evidence, suppressing evidence, or deceiving the Court in another method so as to obtain a divorce;
- If a party seeking a divorce on the grounds of cruelty or adultery has forgiven the offence and continues to cohabit with the guilty spouse; or
- If an act of cruelty or adultery has been encouraged by a spouse to create the necessary grounds to obtain a divorce.
