How to start a divorce

Grounds for Uncontested Divorce

If at least one of the spouses wants to terminate the marriage, the divorce proceeding can start. The Province of Ontario does not distinguish particular fault and no-fault grounds for divorce. In general, all divorces in Canada may be defined as no-fault ones since, according to family laws, marital misconduct cannot affect property division, spousal support, etc.

There are three official grounds for divorce in Ontario:

Living separate and apart for at least one year

It's worth noting that the spouses may file for divorce before the waiting period has passed, but the divorce cannot be finalized earlier.

Many couples use this time for writing up a Separation Agreement if they want to resolve all the disputed issues by themselves, out-of-court.

Adultery
Cruelty (physical or mental)

When getting a divorce based on adultery or cruelty, the plaintiff must submit evidence to the court. However, there is no need to wait a year to terminate the marriage.

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