In Ontario, the only ground for divorce is marriage breakdown, which can be proven in three ways:

Living separate and apart for at least one year (most common).

Adultery (must be proven, which can be challenging).

Mental or physical cruelty that makes cohabitation intolerable.

If both spouses agree on all terms (uncontested divorce), it typically takes 4-6 months. A contested divorce, where disputes exist over assets, custody, or support, can take a year or more, depending on complexity and court delays.

Ontario follows the equalization of net family property rule. This means:

Any assets or debts acquired during the marriage are typically divided 50/50.

Assets owned before marriage are generally excluded, but any increase in value during the marriage may be divided.

Certain assets, like inheritances and gifts from third parties, may be excluded if kept separate.

Not always. Many divorces are resolved through negotiation, mediation, or arbitration. Court is only required if spouses cannot agree on major issues like property division, spousal support, or child custody.

Regardless of whose name is on the title, both spouses have an equal right to stay in the matrimonial home until the divorce is finalized. The home’s value is usually divided, either through sale or one spouse buying out the other.

Spousal support depends on factors like:

The length of the marriage.

Each spouse’s income and financial needs.

Whether one spouse sacrificed career opportunities to support the other or raise children.

The Spousal Support Advisory Guidelines help determine the amount, but courts have discretion based on circumstances.

Debts acquired during the marriage are usually divided equally, just like assets. However, if one spouse took on debt irresponsibly (e.g., gambling, excessive spending), they may be solely responsible for it.

Child custody is now referred to as decision-making responsibility and parenting time. Decisions are made based on the child’s best interests, and both parents are typically encouraged to have ongoing involvement.

Child support is calculated using the Federal Child Support Guidelines, which consider the paying parent's income and the number of children.

Yes. As long as you meet the legal requirements (e.g., living apart for one year), you can proceed with a divorce application, even if your spouse does not consent.