Divorce and separation are deeply personal experiences that often involve emotional stress, financial uncertainty, and complex legal decisions. Divorce legally ends a marriage, while separation allows spouses to live apart without immediately dissolving the marriage.
In Ontario, divorce is governed by the federal Divorce Act and the provincial Family Law Act. Eligible spouses may file an application for divorce with the Ontario Superior Court of Justice, most commonly after a one-year separation.
Divorce matters may involve property division, support, and parenting issues. Where appropriate dispute resolution such as negotiation or mediation may help resolve matters efficiently. An experienced divorce lawyer can help protect your rights and guide you toward a fair outcome.
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When spouses agree on all divorce-related issues (including property division, support, and parenting), they may apply for an uncontested divorce in Ontario. This process is available through either a sole or joint application.
A ‘sole’ divorce application is filed by one spouse and served on the other, who does not dispute the divorce or raise additional claims. A ‘joint’ divorce application allows both spouses to apply together, without taking action against one another.
Uncontested divorce is often considered a more efficient and cost-effective option for couples who have already reached a full agreement.
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A contested divorce arises when spouses are unable to agree on one or more issues, such as child custody, support, or division of property. In these cases, the court applies Ontario family law principles, including the best interests of the child and equalization of net family property.
Contested divorce often involves court procedures and formal evidence, and the process may take longer depending on the complexity of the dispute. It is typically used when negotiation or mediation is not successful, and judicial intervention is required to reach a binding resolution.
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Every family law case is different.
A consultation can help you understand your options and next steps.
Child custody and access address parenting responsibilities and a child’s living and contact arrangements following separation or divorce. In Ontario, custody relates to decision-making authority over matters such as education, health, and upbringing, while access refers to parenting time with the child.
Courts determine custody and access based on the best interests of the child, considering factors such as the child’s needs, stability, and each parent’s ability to provide care. Custody and access arrangements may be resolved by agreement or, where disputes arise, through court proceedings.
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Child support is a legal obligation intended to ensure that children receive appropriate financial support following separation or divorce. In Ontario, child support is generally determined under the Federal Child Support Guidelines and is based primarily on the payor parent’s gross income and the parenting arrangement in place.
Child support may be established by agreement, mediation, or court order, and can include both basic monthly payments and contributions to special or extraordinary expenses. Support obligations may continue beyond age eighteen in certain circumstances.
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Spousal support is financial assistance paid by one spouse to the other following separation or divorce, intended to address economic disadvantage arising from the relationship. In Ontario, spousal support is governed by the Divorce Act and the Family Law Act, and is often assessed using the Spousal Support Advisory Guidelines.
Courts consider factors such as the length of the relationship, income disparity, roles during the marriage, and ongoing caregiving responsibilities. Unlike child support, spousal support is generally tax-deductible for the payor and taxable to the recipient.
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Division of property is a key issue in divorce and separation, involving the allocation of assets and debts between spouses. In Ontario, property division is governed by the Family Law Act and is based on the equalization of net family property, subject to specific exemptions such as gifts, inheritances, and pre-marriage assets.
Common issues include the matrimonial home, business interests, and pensions. Accurate valuation and full financial disclosure are essential to achieving a fair and enforceable outcome.
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TCZ Law provides legal representation in Ontario family law matters, including negotiated and court-based divorce proceedings. Our practice covers parenting arrangements, child and spousal support, property division, and related agreements.
We assist clients at different stages of separation and divorce, from resolving matters through negotiation or mediation to representing clients in contested court proceedings. Each matter is approached based on its legal context and practical considerations.
