Divorce and Mediation

Marriage breakdown is the only ground for divorce.

This can happen in three ways:
• if the spouses have lived apart for one year with the intention of ending the marriage,
• if a spouse has committed adultery (sex with someone else that is not forgiven), or
• if there has been physical or mental cruelty.

To get a divorce you do not have to show that anyone was at fault. A one-year separation is the
most common basis for divorce. You can apply right after you separate, but you cannot get the divorce judgment until one year has passed. During the one-year separation, you can get back together again for one period of no more than 90 days, or for several periods that add up to no more than 90 days. If you separate again within the 90 days, you can continue your application for divorce without having to start the one-year period over again.

If you base your application for divorce on cruelty or adultery, you must prove it. This can be very expensive and difficult to prove.

Getting a divorce does not necessarily mean that issues such as custody, support, or property division will be resolved. You will need to speak to your lawyer about how to deal with these issues. Couples who are legally married have a right to a share in the money or property earned or accumulated during their marriage. If you want to get your share, you must consult a lawyer to be sure you make your application within the time limit. Common-law spouses do not have this automatic right. Sometimes a common-law spouse can be granted a share if it seems their spouse would be “unjustly enriched” by being able to keep everything.

Family mediation
Some family courts provide family mediation services. Mediation sometimes offers solutions to
family disputes that are faster, cheaper, and less disruptive than a court hearing. A mediator does not give legal advice, but helps family members talk about problems and come up with solutions acceptable to everyone. Mediation is not mandatory and you can choose whether or not to meet with a mediator. It is not usually appropriate in domestic violence situations. For example, if you are afraid of or intimidated by your partner and cannot express your wishes for you and the children, mediation is probably not a good idea. If you do go to mediation, make sure you do not agree to any arrangement or sign anything before you discuss it with a family lawyer.

Quick Links:
Divorce Act
Divorce Law: Questions and Answers - basic information about the current divorce process in Canada.
Getting Divorced - questions and answers provided by Community Legal Education Ontario (PDF - 112K)
Ontario Divorce Kit
Using a Mediator
Using a Lawyer
Going to Court
Caring for You and Your Children
Separate Ways: A video about separation and divorce - check your local library
What You Should Know about Family Law in Ontario - a booklet about family law
Where Do I Stand? - A Child's Legal Guide to Separation and Divorce
Divorce Law: Questions and Answers - a booklet offering basic information about the current divorce process in Canada
Ontario's Child Support Guidelines
Federal Child Support Guidelines
Obtaining a marriage certificate for a divorce
Obtaining a copy of my divorce decree
Changing your Name after Divorce
Getting Remarried in Ontario after a Divorce