Question 1

How long does a divorce take in Ontario?

Accepted Answer

It depends mostly on whether you and your spouse agree. An uncontested divorce, where parenting, support and property are already settled or not in issue, often takes about 4–6 months once it’s filed, depending on court backlogs. You also need to have been separated for at least one year before the divorce can be granted, although the application can be started sooner. If issues are disputed and go through the court process, it can take a year or more. The divorce then takes effect 31 days after the judge signs the order.

Question 2

Do I have to go to court to get divorced in Ontario?

Accepted Answer

Usually not in person. In an uncontested divorce, the paperwork is filed with the Ontario Superior Court of Justice and a judge reviews it privately, without either spouse attending a hearing. You only end up in a courtroom if there are disputed issues, such as parenting, support or property, that can’t be resolved by agreement. Even then, many cases settle through negotiation, mediation or the conferences with a judge that happen early in a court case.

Question 3

Can I get divorced if my spouse won’t sign or agree?

Accepted Answer

Yes. Your spouse’s agreement isn’t needed to end the marriage. If you’ve been separated for at least a year, you can start a simple divorce application on your own and have it formally served on your spouse. If they don’t respond within the time allowed, the divorce can usually go ahead without them. If your spouse can’t be found, the court can sometimes allow the papers to be served another way. Disagreements about children, support or property are dealt with separately.

Question 4

Can we be separated while living in the same house?

Accepted Answer

Yes. Ontario courts recognize that spouses can live separate and apart under the same roof, often because of finances or children. A court looks at the whole picture, such as whether you sleep separately, share meals or social activities, present yourselves as a couple and keep your finances apart. It helps to note the date you separated and tell your spouse clearly. Because that date can affect property values and support, get advice if it might be disputed.

Question 5

Can I get divorced in Ontario if I was married in another country?

Accepted Answer

Generally, yes, as long as the marriage is legally valid and you or your spouse have lived in Ontario for at least one year immediately before the divorce application is started. You’ll need your marriage certificate, and if it isn’t in English or French, a certified translation as well. If you can’t get the original certificate, the court may accept other evidence of the marriage, and we can explain what’s likely to work in your situation.

Question 6

Do we have to settle property and support before the divorce is granted?

Accepted Answer

Not always. Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children. Spousal support and property can be resolved before or after the divorce, and many couples deal with everything together. Be careful about leaving property for later: married spouses generally have two years after the divorce to start an equalization claim, and no more than six years after separation. Getting advice on timing can protect your rights.

Question 7

At what age can a child decide which parent to live with in Ontario?

Accepted Answer

There’s no specific age in Ontario. A court must consider a child’s views and preferences and gives them more weight as the child gets older and more mature, but the decision is always based on the child’s best interests. In practice, a mature teenager’s wishes usually carry significant weight, while a young child’s views are one factor among many. Ontario law also recognizes the right of a child aged 16 or older to withdraw from parental control, so a teenager’s firm wishes are rarely overridden.

Question 8

What’s the difference between custody and decision-making responsibility?

Accepted Answer

They cover much the same ground. In March 2021, the federal Divorce Act and Ontario’s Children’s Law Reform Act replaced “custody” with “decision-making responsibility” and “access” with “parenting time”. The change moves away from the idea of one parent winning and focuses on what children need. Decision-making covers major choices about health, education, religion and significant activities, while parenting time is the time a child spends with each parent. Older agreements and orders using the old words are still valid.

Question 9

Is 50/50 parenting time the default in Ontario?

Accepted Answer

No. There’s no automatic 50/50 rule or presumption of equal time. The law says a child should have as much time with each parent as is consistent with their best interests, and many families do share time equally. But the right schedule depends on the child’s age and needs, the distance between homes, work schedules, who has cared for the child in the past and whether there are safety concerns. Courts focus on what works for the particular child, not on what seems even to the parents.

Question 10

Can I move with my child after separation in Ontario?

Accepted Answer

Possibly, but you usually can’t simply go. If a move would significantly affect your child’s relationship with the other parent, the Divorce Act and Ontario’s Children’s Law Reform Act generally require at least 60 days’ written notice, including the new address and a proposed new parenting schedule. The other parent can object, and if you can’t agree, a court decides based on the child’s best interests. The notice rules can be changed where there is family violence, so get advice before making plans.

Question 11

What can I do if the other parent won’t follow the parenting order?

Accepted Answer

Start by keeping a calm, factual record of missed or changed parenting time, and try to resolve things in writing if it’s safe to do so. If the problems continue, you can ask the court to enforce the order. Ontario courts have a range of options, from make-up parenting time and supervised exchanges to cost awards and, in serious cases, a finding of contempt. Don’t withhold support or take matters into your own hands, as that can weaken your position.

Question 12

Do grandparents have rights to see their grandchildren in Ontario?

Accepted Answer

Grandparents don’t have an automatic legal right to time with grandchildren, but the law recognizes how important those relationships can be. A grandparent can ask the court for a contact order, and under the Divorce Act they first need the court’s permission to apply. In every case, the court decides based on the child’s best interests, including the importance of the relationship and the parents’ reasons for limiting it. Mediation is often a gentler and faster first step.

Question 13

How much child support will I pay in Ontario?

Accepted Answer

The basic amount comes from the Child Support Guidelines tables, which are based on the paying parent’s annual income and the number of children. On top of that, parents usually share special or extraordinary expenses, such as childcare, uninsured health costs or post-secondary education, in proportion to their incomes. Shared parenting time, split arrangements or a claim of undue hardship can change the result, so the exact figure depends on your circumstances. A lawyer can run the numbers using your actual incomes.

Question 14

Is spousal support automatic in Ontario?

Accepted Answer

No. A spouse first has to show entitlement, usually because they took on more of the childcare or homemaking and their career suffered, because they’re in financial need after separating, or because an agreement provides for it. If entitlement is shown, the Spousal Support Advisory Guidelines are often used to estimate a range for how much and for how long. Some couples, especially those with similar incomes, end up with no spousal support at all.

Question 15

How long does spousal support last in Ontario?

Accepted Answer

It depends on the length of the relationship, whether there are children and each person’s circumstances. Under the Spousal Support Advisory Guidelines, support after a relationship without children often lasts roughly half a year to one year for each year the couple lived together, and it can have no set end date after very long relationships. Where there are children, their ages also affect duration. Support can be time-limited, reviewed or changed when circumstances change.

Question 16

Until what age do you pay child support in Ontario?

Accepted Answer

Child support usually continues until a child turns 18. It can continue past 18 while the child is in full-time education, such as college or university, or if the child can’t become self-supporting because of illness or disability. It doesn’t always end automatically, so the end date should be addressed in your agreement or order. If you think support should end, get advice and confirm the change in writing, or through the court, rather than simply stopping payments.

Question 17

Can child or spousal support be changed?

Accepted Answer

Yes, in many cases. If there’s been a significant change in circumstances, such as a job loss, a big change in income or a change in where the children live, either person can ask to change support. The simplest route is a new written agreement. If you can’t agree, you can ask the court to change the order. Spousal support set out in a separation agreement may be harder to change, depending on its wording, so it’s worth getting advice.

Question 18

Do common-law partners get spousal support in Ontario?

Accepted Answer

They can. Under Ontario’s Family Law Act, common-law partners can claim spousal support if they lived together continuously for at least three years, or if they were in a relationship of some permanence and are the parents of a child together, by birth or adoption. Being able to ask isn’t the same as being entitled; the same entitlement, amount and duration questions apply as for married spouses. Delay can affect what’s available, so it’s best not to wait.

Question 19

Do common-law partners split property in Ontario?

Accepted Answer

Not automatically. Ontario’s equalization rules apply only to married spouses. When common-law partners separate, each generally keeps the property in their own name, and jointly owned property is shared according to ownership. A partner who contributed to the other’s property, for example by paying toward a home or working in a business without fair pay, may be able to make a trust or unjust enrichment claim. These claims depend heavily on the facts and have time limits, so get advice early.

Question 20

Who gets the house in a divorce in Ontario?

Accepted Answer

There’s no automatic answer. Both married spouses have an equal right to live in the matrimonial home until an agreement or court order says otherwise, regardless of whose name is on title. Often the home is sold and the proceeds shared, or one spouse buys out the other as part of the equalization payment. A court can also give one spouse exclusive possession of the home for a time, especially where children or safety are involved.

Question 21

Is an inheritance divided in a divorce in Ontario?

Accepted Answer

Usually not, if you received it during the marriage from someone other than your spouse and it can still be traced. Inheritances are generally excluded from net family property, and income earned on them can be excluded too if the will expressly says so. The big exception is the matrimonial home: if inherited money went into the home you lived in together, it generally loses that protection. Keeping clear records and getting advice early helps.

Question 22

How are pensions divided after separation in Ontario?

Accepted Answer

For married spouses, the value of a pension earned during the marriage is included in net family property. For many pension plans regulated in Ontario, the plan administrator calculates a “family law value”, and up to half of that value can be transferred to the other spouse, usually into a locked-in account. Federally regulated and other plans have their own rules. Canada Pension Plan credits can also be split separately through Service Canada.

Question 23

Is there a deadline to divide property after separation in Ontario?

Accepted Answer

Yes. For married spouses, an equalization claim generally has to be started within two years after a divorce is granted or six years after separation, whichever comes first, and within six months if a spouse dies. A court can extend these limits only in narrow circumstances. Common-law property claims follow different limitation rules that can be just as strict. Because missing a deadline can mean losing a claim, it’s best to get advice early.

Question 24

What happens to debts when you separate in Ontario?

Accepted Answer

For married spouses, debts owed on the date of separation reduce your net family property, and debts you had on the date of marriage are also taken into account, so both affect the equalization payment. Separately, if both names are on a loan, credit card or line of credit, the lender can usually still collect from either of you, whatever your agreement says. Consider closing or freezing joint credit and get advice on protecting yourself.

Question 25

Do separation agreements need to be notarized in Ontario?

Accepted Answer

No. Ontario’s Family Law Act requires a separation agreement to be in writing, signed by both people and witnessed – it doesn’t need to be notarized. The witness should be an adult who isn’t a party to the agreement. In practice, most agreements are signed in front of each person’s own lawyer, who also gives independent legal advice and signs a certificate confirming it. That extra step makes the agreement much harder to challenge later.

Question 26

Do we both need our own lawyers for a separation agreement?

Accepted Answer

It isn’t strictly required by law, but it’s strongly recommended. One lawyer can’t act for both of you, because your interests are different. When each person gets independent legal advice, a court is much more likely to treat the agreement as fair and binding if it’s ever challenged. If your former partner has a lawyer and you don’t, we can review their draft, explain what it means for you and suggest changes before you sign.

Question 27

Can a separation agreement be changed or set aside in Ontario?

Accepted Answer

Yes, in some situations. You can always change an agreement together by signing a written amendment with the same formalities. A court can set an agreement aside if, for example, someone didn’t disclose significant assets or debts, didn’t understand what they were signing, or signed under pressure. Courts can also step in on parenting and child support terms that aren’t in a child’s best interests. Spousal support terms are harder to change, but it can happen in limited circumstances, so get advice on your situation.

Question 28

Is a separation agreement the same as a divorce?

Accepted Answer

No. A separation agreement is a contract that settles issues like parenting, support and property. Only a court can grant a divorce. For married couples, the agreement often makes the divorce much simpler, because the main issues are already resolved and the divorce can usually proceed as an uncontested application. Common-law couples don’t need a divorce at all, so a separation agreement is often the main document that formally settles things for them.

Question 29

Can we live in the same house and still be separated in Ontario?

Accepted Answer

Yes. Ontario courts recognize that couples can be separated while still living under the same roof, often for financial reasons or while the home is being sold. What matters is whether the relationship has ended – separate bedrooms, separate finances and no longer presenting as a couple can all be relevant. Because the date of separation can affect property division and support, it’s worth stating it clearly in your separation agreement.

Question 30

How much does a separation agreement cost in Ontario?

Accepted Answer

It depends mostly on how many issues there are and how much the two of you already agree on. An agreement where most terms are settled and finances are simple costs far less than one involving a business, pensions or a disagreement about parenting. At your free consultation, we’ll give you a clear estimate, tell you whether a flat fee is possible for your situation and explain simple ways to keep costs down, such as organizing your documents early.

Question 31

Is mediation legally binding in Ontario?

Accepted Answer

Not on its own. What’s said in mediation, and the mediator’s summary of what you agreed (often called a memorandum of understanding), usually isn’t binding. The terms become binding once they’re put into a separation agreement that’s in writing, signed and witnessed, or into a court order made with both people’s consent. That’s why each of you should get independent legal advice before signing. Mediation-arbitration is different: an arbitrator’s decision can be binding, subject to Ontario’s family arbitration rules.

Question 32

How much does family mediation cost in Ontario?

Accepted Answer

Private mediators usually charge an hourly rate, and the cost is often shared between both people, though you can agree to split it differently. The total depends on how many sessions you need and how complex the issues are. Ontario also funds family mediation services connected to the family courts, including free on-site mediation for some court matters and off-site mediation with fees on a sliding scale based on income. Even with legal advice added, mediation usually costs less than going to court.

Question 33

Do I need a lawyer if we’re using a mediator?

Accepted Answer

You don’t have to have one, but it’s wise. A mediator is neutral and can’t give either of you legal advice or tell you whether a proposal is fair to you. Many people speak to a lawyer before mediation to understand their rights, check in between sessions, and get independent legal advice before signing. Your lawyer doesn’t usually need to attend the sessions, so this can be an affordable way to stay protected.

Question 34

Can I be forced to go to mediation in Ontario?

Accepted Answer

Generally, no – family mediation in Ontario is voluntary. Courts and lawyers do encourage families to try out-of-court options where it’s safe and appropriate, and the federal Divorce Act asks separating spouses to try family dispute resolution to the extent that it’s appropriate. But no one should be pressured into mediation where there’s family violence or a serious power imbalance. If you’re worried about safety, tell your lawyer and the mediator during screening.

Question 35

Is mediation a good idea if there has been abuse?

Accepted Answer

In many cases it isn’t appropriate, and that’s why careful screening matters. Family mediators meet with each person privately to ask about violence, control and safety before mediation begins. If there are concerns, the mediator may suggest changes such as separate rooms or video sessions, or decide that mediation shouldn’t go ahead. You never have to sit across from someone you fear. A lawyer can help you explore other options, including protection orders.

Question 36

How long does family mediation take?

Accepted Answer

It depends on how many issues you have, how quickly financial information is shared and how close you are to agreement. Some couples resolve a single issue, like a parenting schedule, in one or two sessions. Agreements covering parenting, support and property often take several sessions spread over a few weeks to a few months. That’s usually much quicker than a contested court case, which can take a year or more.

Question 37

How long does a step-parent adoption take in Ontario?

Accepted Answer

It depends on your circumstances and the court’s schedule. When everyone consents and the paperwork is in order, many step-parent adoptions are completed within several months. Gathering consents, waiting out the 21-day withdrawal period and any request for more information from the judge all affect timing. If the other parent can’t be found or doesn’t agree, the court must decide whether to dispense with their consent, which can add months. We’ll give you a realistic estimate once we know the details.

Question 38

Does the other biological parent have to consent to a step-parent adoption?

Accepted Answer

Usually, yes. Each legal parent of the child generally has to give written consent, and should have the chance to get independent legal advice first. If a parent can’t be located or refuses, you can ask the court to dispense with their consent. The court will only do that if it’s satisfied the adoption is in the child’s best interests and that the parent was given notice, or that reasonable efforts were made to give notice. Each case turns on its own facts.

Question 39

Does my child have to agree to be adopted?

Accepted Answer

If your child is 7 or older, they generally must give written consent. Before they do, a lawyer from the Office of the Children’s Lawyer meets with them privately to make sure they understand what adoption means and that the consent reflects their true wishes. A court can dispense with a child’s consent in limited situations, such as where asking would cause the child emotional harm. Younger children’s views can still be taken into account.

Question 40

Do I need a home study for a step-parent adoption in Ontario?

Accepted Answer

Usually not. Step-parent and relative adoptions are made directly to the court, and a home study generally isn’t required unless the judge asks for one. Private adoptions through a licensed practitioner and public adoptions through a children’s aid society do involve a home study, known as a SAFE assessment, along with adoption training. If your situation has unusual features, we’ll tell you up front whether the court is likely to want more information.

Question 41

Can a birth parent change their mind after consenting to an adoption?

Accepted Answer

Yes, within limits. A person who consents to an adoption in Ontario generally has 21 days to withdraw that consent in writing. After that, a withdrawal is only possible in limited circumstances with the court’s permission, and once the adoption order is made, it’s final, subject only to an appeal. A birth parent also can’t consent until a newborn is at least seven days old. These safeguards are one reason everyone should get independent legal advice before signing.

Question 42

Can common-law partners adopt in Ontario?

Accepted Answer

Yes. In Ontario, a step-parent can apply to adopt their partner’s child whether they’re married or living together in a common-law relationship, and same-sex couples have the same rights. Two partners can also apply together to adopt a child. The same rules about consent, the child’s best interests and court approval apply in every case. We can confirm how the rules apply to your family at a free consultation.

Question 43

How do I get a restraining order in Ontario?

Accepted Answer

You ask the family court for one, either within an existing family case or by starting a new one. You’ll need a sworn affidavit explaining why you have reasonable grounds to fear for your safety or your children’s safety. If the situation is urgent, a judge can sometimes make a temporary order without notice to the other person, then hear from them shortly afterwards. A lawyer can help you prepare your evidence and choose the right court. If you are in immediate danger, call 911.

Question 44

Who can I get a restraining order against under Ontario family law?

Accepted Answer

Under the Family Law Act, you can ask for a restraining order against a spouse or former spouse, or someone you live with or have lived with as a couple, for any length of time. In a parenting case, the Children’s Law Reform Act also allows a restraining order against other people when there are reasonable grounds to fear for your safety or a child’s safety. In other situations, such as a dating partner you never lived with, a criminal peace bond may be the better route.

Question 45

Can I get my partner removed from the home in Ontario?

Accepted Answer

If you’re married, you can ask the court for exclusive possession of the matrimonial home under the Family Law Act. The court looks at factors such as the children’s best interests, any violence against you or the children, and whether other housing is available. A temporary order can be requested urgently. If you’re not married, the matrimonial home rules don’t apply, but other options may help, depending on who owns or rents the home and whether a restraining order is needed.

Question 46

What is an emergency or without-notice motion?

Accepted Answer

Usually, both people get notice before a judge hears a request. In urgent situations – for example, where there’s a risk of harm or a child could be taken out of Ontario – the court can hear a motion without notice to the other person and make a temporary order right away. The other person is then served and given a chance to respond, often at a hearing within about two weeks. Courts expect full and honest evidence on these motions, so careful preparation matters.

Question 47

What’s the difference between a restraining order and a peace bond?

Accepted Answer

A restraining order comes from the family court, usually in a case between partners or former partners, and you apply for it yourself, often with a lawyer’s help. A peace bond is a criminal court order, usually started through the police or a justice of the peace, that requires someone to keep the peace and follow conditions such as no contact. Breaching either can lead to criminal charges. Some people have both, and we can help you understand which fits your situation.

Question 48

Can I get free legal help if I’m experiencing domestic abuse in Ontario?

Accepted Answer

Possibly. Legal Aid Ontario offers free legal advice to people experiencing domestic abuse, including a free consultation with a lawyer that doesn’t depend on your income. It can often be arranged through a shelter, a community legal clinic or by calling Legal Aid Ontario directly. Full legal aid certificates depend on financial eligibility. Programs change from time to time, so check current details with Legal Aid Ontario, and ask us whether we can accept a legal aid certificate for your matter.

Question 49

Do I have to go to court?

Accepted Answer

Not necessarily. Many family matters in Ontario are resolved without a judge ever making a decision – through negotiation, mediation, collaborative family law or arbitration. Even when a court case is started, most settle before trial. Court is sometimes the right path, for example when there are urgent safety concerns or the other person won’t take part in any process. We’ll always look for the calmest, most cost-effective route that still protects you and your children.

Question 50

What happens at the first consultation?

Accepted Answer

Your free 30-minute consultation is a confidential conversation. We’ll listen to what’s happening, answer your most pressing questions and explain your options in plain language. You’re under no obligation to hire us. Before we meet, we’ll ask for your name and the other person’s name so we can check for conflicts of interest – a step that protects everyone’s confidentiality. You can meet with us in person in Newmarket, by phone or by video.

Question 51

How long will my family law case take?

Accepted Answer

It depends on how many issues there are, how much you and the other person agree, and, if court is involved, local court schedules. A simple separation agreement can come together in a few weeks, and an uncontested divorce often takes about 4–6 months once filed, depending on court backlogs. Contested cases can take a year or more. We’ll give you an honest estimate early on and keep you updated as things change.

Question 52

Can I do my case virtually?

Accepted Answer

In many cases, yes. We offer consultations and meetings by phone and video, and much of the work – reviewing documents, exchanging disclosure and negotiating – can be done remotely. Many family court steps in Ontario, such as case conferences, are often held by video, although the court decides how each step goes ahead. If you live outside York Region or have a busy schedule, we’ll find a way to work around it.

Question 53

What should I bring to my first meeting?

Accepted Answer

Bring what you have – there’s no need to have everything ready. Helpful items include a short timeline of key dates (when you moved in together, married and separated), any court papers or agreements, recent income information such as a tax return or pay stub, and a rough list of assets and debts. If safety is a concern, bring anything that helps explain what’s been happening. Most of all, bring your questions.

Question 54

Will my information stay confidential?

Accepted Answer

Yes. What you tell us is protected by our professional duty of confidentiality and, in most cases, by solicitor-client privilege, starting with your first consultation. We won’t share your information with your former partner or anyone else without your permission, except in the rare situations where the law requires it. If you’re worried about someone seeing our emails or hearing our calls, just tell us the safest way to reach you.

Question 55

How much does a family lawyer cost in Ontario?

Accepted Answer

Costs vary widely depending on the type of matter, the lawyer’s experience and, most of all, how much you and the other person agree on. Many family lawyers bill hourly, and some offer flat fees for defined tasks such as drafting a separation agreement or an uncontested divorce. A negotiated settlement usually costs far less than a contested court case. At your free consultation, we’ll explain how we bill and give you a realistic estimate for your situation.

Question 56

Do you offer flat fees?

Accepted Answer

For some well-defined tasks, a flat fee can work well – for example, reviewing a separation agreement, giving independent legal advice or preparing an uncontested divorce. Other matters, like contested court cases, are harder to predict and are usually billed hourly. Ask us at your consultation whether a flat fee is available for your matter. If it is, we’ll put in writing exactly what it covers, so there are no surprises.

Question 57

What is a retainer?

Accepted Answer

A retainer can mean two things. The first is the written agreement that sets out what we’ll do for you and how we’ll bill. The second is a deposit paid at the start, which is held in our trust account and applied to invoices as the work is done. Any amount that isn’t used is returned to you when your matter ends. We’ll explain the retainer clearly before you commit to anything.

Question 58

Can I get legal aid for a family matter?

Accepted Answer

Possibly. Legal Aid Ontario may issue a legal aid certificate for some family law matters if you meet its financial eligibility rules, which look at your income and household situation. It also offers other free services, such as summary legal advice and help at family courthouses, and free advice for people experiencing domestic abuse regardless of income. Not every lawyer accepts legal aid certificates, so ask us whether we can take yours.

Question 59

Can my ex be ordered to pay my legal fees?

Accepted Answer

Sometimes. In Ontario family court, the person who is more successful on an issue is generally entitled to ask the other person to pay part of their legal costs. Judges also look at whether each person acted reasonably and whether a fair written offer to settle was turned down. Costs orders rarely cover everything you’ve spent, and they usually don’t apply to matters settled outside court unless you agree otherwise. Making reasonable offers early can help protect you.

Question 60

How can I keep my legal costs down?

Accepted Answer

A few simple habits make a real difference. Gather your financial documents early and send them in one organized package. Save up questions and send them together rather than in several separate emails. Stay open to settlement options like negotiation or mediation, which usually cost less than court. Let us know if you can handle some tasks yourself, such as collecting records. And focus your energy on the issues that matter most to your family’s future.

Answers to the questions Ontario families ask us most

Divorce