FAQs - Divorce and Separation

Your situation will dictate the course of action that you should take. The first thing to do regardless of your situation would be to seek legal advice.

The length of the divorce process varies depending on your circumstances.

Yes, if you are living in the same house as your spouse yet there is no prospect of reconciliation and you satisfy several factors then you will still be considered to be separated for the purposes of the Act.

An uncontested divorce is when the parties have nothing to “fight” over.

The first thing that you should probably do is seek legal advice to make you aware of the process, limitation periods involved and effects of divorce.

An annulment results from some defect or disability which exists at the time of the marriage ceremony and prevents a marriage from coming into existence. You must apply to the court for an annulment and show that there was a defect in either the formal or essential validity of the marriage.

It depends. If your spouse still lives in Ontario and satisfies the ordinarily resident requirement as well as resided in that province for one year immediately preceding the commencement of the proceedings then you may still apply for a divorce in Ontario.

Most likely the children will get to stay in the matrimonial home (if it has not been sold) with both parents unless one parent voluntarily chooses to move out, thus granting the other de facto exclusive possession, or the court orders interim or final exclusive possession.