Dealing with Separation and Divorce
Before making any decisions about divorce, you should understand your rights and obligations. These links will help you find information, including the care and support of your children, support for you or your partner and the division of your property. How to find a lawyer and resolve legal issues are also covered.
This resource does not offer legal advice. For legal advice, consult a lawyer.
Can I just stay separated? Do I have to file for divorce?
What’s the difference between mediation and going to court?
My partner wants sole custody of the children. Do I have to pay child support?
My partner and I both want custody of the children. Who decides?
How do we divide our property?
How do I get a divorce certificate and change my name?
Can I just stay separated? Do I have to file for divorce?
If you simply separate without getting a divorce, you can’t legally remarry and you can’t assume a new partner’s name. Separation agreements and court orders can resolve some family matters but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce.
You need to be separated for a one-year period to get a divorce.
What’s the difference between mediation and going to court?
It is up to you and your partner to decide the best way to resolve the issues between you. Having a mediator or lawyer help you is the least expensive way to divorce. If you and your partner cannot work things out, you may have to go to court and ask the court to decide.
My partner wants sole custody of the children. Do I have to pay child support?
Both parents are financially responsible for their children, regardless of who has custody. The parent who does not live with the child must pay child support. Learn more about who pays child support.
My partner and I both want custody of the children. Who decides?
When you separate or divorce, you must arrange for the care of the children. A lawyer can help you to work out custody and access arrangements. If you and your partner can’t decide, you will have to go to court. Learn more about custody and access.
How do we divide our property?
A lawyer or mediator can help you divide your property. The general rule is that any property that you acquired during your marriage and that you still have when you separate must be divided 50-50. There are exceptions to this rule though. Learn more about dividing your property and download the Family Law in Ontario booklet.
How do I get a divorce certificate and change my name?
You need to contact the court office where your divorce case was started to get a divorce certificate.
If you do not know where in Canada your divorce was started, or if you are searching for documentation on a divorce granted in Ontario before 1979, you may need to contact the Central Registry of Divorce or the Archives of Ontario.
Learn how you can change your name back.
What if I’m being abused?
Domestic violence is a serious offense in Ontario. Here is information that can help you get out:
Violence in the Family - Information from the Ministry of the Attorney General
For Victims of Family Violence - Information from the Canadian Department of Justice
The Legal Issues
