To qualify for an Ontario Simple Divorce, spouses must have lived separately for at least one year, meet Ontario’s residency requirement, and have no unresolved issues about children, property, or support. A Joint Divorce is similar but filed together by both spouses when full agreement exists.
1. Grounds for Divorce: Breakdown of Marriage
The only ground for divorce under Canada’s Divorce Act is the breakdown of marriage. This can be proven by one of three conditions:
– One-year separation (most common in Ontario Simple Divorce)
– Adultery
– Cruelty
For an Ontario Simple Divorce, the court primarily relies on evidence of a one-year separation. Even if spouses live under the same roof, they must demonstrate that there was no reasonable prospect of reconciliation.
2. Residency Requirement
At least one spouse must have been ordinarily resident in Ontario for one year immediately preceding the filing of the divorce application. ‘Ordinarily resident’ means a regular, habitual home — not a temporary stay. Failure to meet this requirement can delay or invalidate the application.
3. No Contested Issues (Children, Property, Support)
A defining feature of an Ontario Simple Divorce is the absence of contested ancillary issues. This includes:
– No child custody or support disputes
– No unresolved property division
– No ongoing spousal support claims
If such matters exist, the divorce becomes contested and may require mediation or court hearings before proceeding.
4. Application Process (Simple vs. Joint Divorce)
**Simple Divorce (Sole Application):** One spouse applies and serves the other. If the Respondent does not contest, the process proceeds uncontested.
**Joint Divorce:** Both spouses apply together, confirming full agreement. This approach is typically faster, less expensive, and avoids unnecessary delays.
5. Proof of Separation and No Reconciliation
The court must be satisfied that there is no reasonable prospect of reconciliation. For couples applying on the basis of one-year separation, the continuous period of living apart serves as proof.
Related Legal Services
Our family law firm offers comprehensive assistance with divorce processes in Ontario. Explore our related services:
- Toronto Simple & Joint Divorce Lawyer
- Toronto Legal Consultations & Family Law Advice
- Separation, Marriage & Cohabitation Agreements
For official information, visit: https://www.justice.gc.ca/eng/fl-df/divorce/index.html
