Divorce and Separation

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Separation agreements and court orders can resolve some family matters when you separate but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce. The following links will help you find more information about divorce law and procedure.

Getting Started

What You Should Know about Family Law in Ontario (available in 9 languages): Covers many aspects of divorce and separation, including mediation, choosing a lawyer, going to court, your rights and obligations
Family Law Information Centres (FLICs): An area in each family courthouse where you can receive free information about divorce, separation and related family law issues (child custody, access, support, property division and child protection) and referrals to community resources. Each FLIC has a variety of publications available addressing these issues, as well as guides to court procedures. Staff and Advice Lawyers are also available at designated hours
Getting Divorced (CLEO): A brochure that provides information about legally ending a marriage in Ontario.
Resource List: Extensive list of books and websites for adults and children covering separation and divorce, parenting, emotional and financial issues. Includes age appropriate reading suggestions and interactive websites.

Settling out of court

Using a lawyer
Mediation: The mediator, a neutral third party, can help you reach an agreement on a variety of issues, including support payments, the division of property, and child custody and access. Mediators, unlike judges or arbitrators, do not decide cases or impose settlements
Arbitration: Arbitrators, like mediators, are neutral third parties. However, unlike mediation, parties who wish to arbitrate must agree to be bound by the decision made by the arbitrator
Collaborative Family Law: Collaborative lawyers assist parties in negotiating a resolution of their dispute(s) in a principled and respectful fashion without going to court. Both parties and their lawyers sign a contract committing to this process in advance

Going to court

If you and your spouse cannot agree on how to resolve your family law issues, you can go to court and ask a judge to decide for you. If you are married, you will need to apply to a court to obtain a divorce order in order to end your marriage

Understanding the family court system in Ontario
Guide to Procedures in Family Court NEW!: Note: The New "A Guide to Procedures in Family Court" consolidates and replaces the following three Guides:
Guide to Procedures in Family Court
Guide to Procedures in the Ontario Court of Justice
Guide to Procedures in the Superior Court of Justice
How to get a copy of a Divorce Order, Certificate of Divorce or other court document
Court locations and addresses across Ontario

Separation and children

Custody and access: When you separate or divorce, you must arrange for the care of your children. This includes where they will live and how important decisions about them will be made
Child support: Both parents have a responsibility to financially support their children. If you do not have custody, the amount of child support you must pay is based on your income and the number of children you must support
Caring for children: Looking after children during or after a separation can be difficult. Here are some links to information that may help
Supervised access to children: Where there are concerns for the safety of the children and/or a parent, a court can require that visits with children be supervised. The parents can also agree upon supervised visits without a court order
Child Protection: When concerns are raised about a family's ability to care for a child, a child protection agency may take steps to investigate the care the child is receiving and potentially to remove a child from his or her home

Other Financial Issues

Spousal support: Learn how claims for spousal support are addressed, including the advisory spousal support guidelines
Division of Property: How property, including the home where you and your spouse live, is divided when a marriage ends, including a description of the equalization of net family property rules