A divorce is contested when spouses cannot agree on parenting, support or property. It is uncontested, often called a simple divorce, when those matters are settled or not in dispute. Law Wise is a Mississauga law firm that handles both, serving the entire GTA and Ontario.
Divorce in Ontario: the basic rules
Married spouses divorce under the federal Divorce Act, and only a court can grant a divorce. There is one ground, the breakdown of the marriage, and it can be shown in three ways:
- Separation. You and your spouse have lived separate and apart for at least one year.
- Adultery. Your spouse has committed adultery.
- Cruelty. Your spouse has treated you with physical or mental cruelty that makes living together intolerable.
In practice, most people rely on one year of separation, because nothing else has to be proved. You can start the court case as soon as you separate, but a divorce based on separation is not granted until the full year has passed. If you get back together for a total of 90 days or less to try to reconcile, the year does not start over.
An Ontario court can deal with your divorce if you or your spouse has been habitually resident in Ontario, meaning ordinarily living here, for at least one year immediately before the case starts.
The reason the marriage ended rarely changes the result. In deciding spousal support, a court does not consider a spouse’s misconduct in relation to the marriage. In parenting cases, past conduct counts only where it is relevant to caring for the child.
Contested divorce
A divorce becomes contested when spouses disagree on one or more of the issues that come with it:
- parenting: decision-making responsibility and parenting time, formerly called custody and access
- child support
- spousal support
- property division, including the family home
Disagreement at the start does not mean a trial at the end. The Divorce Act expects spouses to try to resolve these matters through negotiation, mediation or collaborative family law where that is appropriate, and a contested case can settle at any stage. When settlement is not possible, the case follows the family court process set by Ontario’s Family Law Rules.
Steps in a contested divorce
- ApplicationOne spouse, the applicant, files an application that sets out the orders being asked for and has it served on the other spouse.
- AnswerThe other spouse, the respondent, has 30 days after being served to serve and file an answer. The time is 60 days if the application was served outside Canada or the United States.
- Financial statementsIf support or property is claimed, each side serves and files a financial statement that sets out income, expenses, property and debts.
- Information programIn most cases about parenting, support or property, each party must attend the court’s Mandatory Information Program within 45 days after the case starts.
- ConferencesWhere an answer is filed, a judge holds at least one conference. Conferences are used to explore settlement, narrow the issues and make sure documents are exchanged.
- Temporary ordersEither side can bring a motion for a temporary order, such as a parenting schedule or support, while the case continues.
- TrialIf the case does not settle, a judge hears the evidence and decides.
If you have been served with a divorce application
The time to answer starts on the day you are served: 30 days, or 60 days if you were served outside Canada or the United States. If no answer is filed, the court can deal with the case in your absence and you may not receive notice of further steps. Speak with a lawyer well before the deadline.
This comes from rule 10 of the Family Law Rules, O Reg 114/99, as it read on 10 October 2026. The rules were amended in 2026, so the current text should always be checked.
Simple or uncontested divorce
For the steps, forms and court fees, see our page on simple divorce and joint divorce.
A simple or uncontested divorce is one where the other spouse does not oppose the divorce and nothing is left for a judge to decide between you. It can be started in two ways:
- Simple (sole) application. One spouse files the application and has it served. If the other spouse does not file an answer, the case continues as an uncontested divorce.
- Joint application. Both spouses file together, with no respondent. The divorce and any other order are made only with the consent of both.
An uncontested divorce is normally decided on written evidence. The applicant files an affidavit and a draft divorce order, court staff present the file to a judge, and the judge can grant the divorce, return the papers for corrections or ask for more information. Before granting a divorce, the court looks for:
- proof of the marriage, usually the marriage certificate
- proof of the ground for divorce, such as one year of separation
- reasonable arrangements for the support of any children, measured against the child support guidelines
If the arrangements for child support are not reasonable, the court must put the divorce on hold until they are. A written separation agreement is not required for a divorce, but it is the usual way to record what you have agreed about parenting, support and property.
A divorce takes effect on the 31st day after the judge grants it, unless the court orders an earlier date in special circumstances. After that, either spouse can ask the court for a certificate of divorce.
Deal with property before the divorce is final
A married spouse’s claim to share in the growth of family property, called equalization, must be started before the earliest of three time limits. One of them is two years after the divorce. The others are six years after separation with no reasonable prospect of resuming life together, and six months after the first spouse’s death. A divorce granted before property is dealt with therefore starts a two-year clock. The rule is in section 7(3) of Ontario’s Family Law Act, as it read on 10 October 2026. See property division.
How a divorce lawyer in Mississauga can help
Whether your divorce is contested or simple, Law Wise can:
- explain where you stand on parenting, support and property before you decide how to proceed
- prepare your application or answer and your financial statement
- negotiate with your spouse or your spouse’s lawyer
- draft or review a separation agreement
- represent you at conferences, motions and trial if the case stays contested
- prepare an uncontested or joint divorce and follow it through to the divorce order and certificate
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about divorce
How long does a divorce take in Ontario?
A divorce based on separation cannot be granted until you have been separated for one year, and it takes effect 31 days after the judge grants it. Beyond that, timing depends on the court’s processing times for an uncontested divorce and, in a contested case, on how many issues are in dispute, how quickly financial documents are exchanged and when court dates are available. We can give you a realistic estimate once we know your situation.
Can my spouse refuse to give me a divorce?
You do not need your spouse’s consent. If you prove the ground for divorce, such as one year of separation, and the court is satisfied about support for any children, the court can grant the divorce even though your spouse objects. Your spouse can still dispute parenting, support or property, and those issues may take longer to resolve.
Do I have to prove that my spouse did something wrong?
No. One year of living separate and apart is enough, and most people rely on it. Adultery and cruelty are also grounds for divorce, but they must be proved with evidence.
Can we be separated while living in the same home?
It is possible. What matters is whether you are living separate lives, not only whether you have separate addresses. A court looks at the facts, for example whether you sleep, eat and manage money separately. Tell your lawyer how your household is arranged so the evidence can be set out properly.
Can one lawyer act for both of us?
No. Law Wise acts for one spouse. The other spouse may hire their own lawyer or act without one, and each spouse should get independent legal advice before signing a separation agreement.
What does a divorce cost?
It depends on whether the divorce is contested and how much work is needed. An uncontested divorce usually costs far less than a contested one. Law Wise explains its fees and confirms them in writing before work starts. The court charges its own filing fees, which are paid separately.
Speak with a divorce lawyer in Mississauga
Your first consultation is free for 15 minutes, by appointment. Call us or send a message. If you have been served with court papers, bring them and tell us the date you received them.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.