Divorce Lawyer in Toronto

A divorce legally ends a marriage. It is governed by the federal Divorce Act, while property division and many other issues are governed by Ontario law, mainly the Family Law Act. The divorce itself is often the simplest part. The questions that take time are parenting, child support, spousal support and dividing property.

Many separated spouses settle those issues first in a separation agreement and then apply for an uncontested divorce. Others need the court to decide some or all of them. Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving clients across Toronto and the GTA in English, French, Farsi, Russian and Serbian.

1. Confirm you qualify. You must be legally married, and you or your spouse must have ordinarily lived in Ontario for at least one year before the application is filed.
2. Establish the ground. The only ground is breakdown of the marriage. It is shown by living separate and apart for at least one year, which is by far the most common route, or by adultery or cruelty.
3. Choose the type of application. A simple application is filed by one spouse and asks only for a divorce. A joint application is filed by both spouses together. A general application is used when you also ask the court to decide parenting, support or property.
4. File and serve. The application is filed with the Superior Court of Justice. If your spouse did not sign it, they must be served and then have a set time to respond: 30 days if served in Canada or the United States, and 60 days if served elsewhere.
5. Divorce order and certificate. If the divorce is uncontested, a judge reviews the paperwork, usually without a hearing. The divorce takes effect 31 days after the order, and you can then obtain a certificate of divorce, which you need before remarrying.

An uncontested divorce means your spouse is not opposing the divorce and there are no outstanding issues for the court to decide, usually because they are already settled in a separation agreement or there is nothing to divide. It is the fastest and least expensive route.

A contested divorce involves a dispute over parenting, support or property. The case moves through case conferences, settlement conferences and, if needed, a trial. Most contested cases still settle before trial, often after disclosure, negotiation or mediation.

• Parenting. Since March 1, 2021 the Divorce Act uses the terms decision-making responsibility and parenting time instead of custody and access. Every decision is based on the best interests of the child.
• Child support. Usually calculated under the Federal Child Support Guidelines, based on the paying parent's income and the number of children, plus a share of special expenses such as child care. Read our guide to how child support is calculated in Ontario.
• Spousal support. Whether support is owed, and how much and for how long, depends on the length of the relationship, the roles each spouse played and each spouse's needs and means. The Spousal Support Advisory Guidelines are commonly used as a guide.
• Property. Married spouses in Ontario share in the growth of each other's net worth during the marriage through an equalization of net family property. The matrimonial home has special rules: both spouses have an equal right to live there, whoever owns it, until there is an agreement or court order.

There are deadlines. A claim for equalization of net family property must generally be started within two years after the divorce is granted or six years after separation, whichever comes first. Getting advice early protects those rights.

An uncontested divorce is usually the quickest route. Once the year of separation has passed and the application is complete, the timing depends mostly on court processing, and it commonly takes several months from filing to the divorce order. A contested divorce can take a year or more, depending on how many issues are in dispute and how quickly they settle.

You can start an application before the year of separation is over, for example to deal with support or parenting, but a divorce based on separation will not be granted until you have been separated for a full year.

The cost has two parts: court filing fees set by the province, and legal fees. Legal fees depend mainly on whether the divorce is contested, how many issues need to be resolved and how much disclosure and negotiation is required. A simple uncontested divorce costs far less than a case that goes through several court conferences.

Our first consultation is $150 plus HST for 30 minutes. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.

• Reviewing or preparing a separation agreement so that it covers parenting, support and property clearly
• Preparing, filing and serving the divorce application and supporting affidavit
• Financial disclosure and net family property calculations
• Negotiation, mediation referrals and representation at case conferences and in court
• Updating your will and powers of attorney after separation, through our wills and estates practice

Every divorce starts with the same questions: what has to be settled, what can be agreed and what it will cost. We will explain your options clearly at the first meeting.

Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.