Starting a divorce can feel overwhelming, but it’s actually a straightforward process. In Ontario, you need to file an application with the court explaining why you want a divorce. Most divorces are based on being separated for at least a year. After that, you’ll need to officially give your spouse a copy of the documents (this is called “serving” them). Don’t worry—this is something a family lawyer can guide you through step by step.

The time it takes to finalize a divorce really depends on your situation. If you and your spouse agree on everything (like custody, support, and dividing property), it’s much quicker and simpler—just a few months in most cases. If there are disagreements and things go to court, it can take longer. Every divorce is unique, so the timeline will depend on how complicated things are and how quickly agreements are reached.

The cost of a divorce can vary depending on how smooth or complex the process is. If you and your spouse agree on all the details, it’s generally less expensive because there’s no need for lengthy legal proceedings. On the other hand, if you’re disagreeing about major issues like custody or property, the costs can add up because it takes more time to resolve. If you’re worried about costs, many people try options like mediation, which can save time and money compared to going to court. A family lawyer can help you figure out the best approach for your situation.

You have rights to make sure the divorce process is fair for everyone involved. For example:

• You’re entitled to a fair split of the assets and debts you and your spouse accumulated during the marriage.

• If you supported your spouse financially, or vice versa, you might have the right to spousal support.

• When it comes to children, decisions like custody and parenting time will focus on what’s best for them.

When it comes to custody, the court’s main priority is what’s best for the kids. They’ll look at things like who has been taking care of the children and how to keep their lives as stable as possible. Sometimes, parents share decision-making (this is called joint custody), and other times, one parent might take the lead. Parenting time (or visitation) will also be sorted out based on what works best for the family.

In Ontario, the law says that both spouses should leave the marriage with an equal share of the value of the property and assets gained during the marriage. This doesn’t mean you split everything in half physically—it means the value is divided. The family home is treated a bit differently, as both spouses usually have an equal right to it, no matter whose name is on the title. If this sounds confusing, a family lawyer can explain how this works in your specific situation.

Spousal support is there to help one spouse if they’ve been financially dependent on the other during the marriage. Whether you’re entitled to it depends on factors like the length of the marriage and your financial situation.

Child support, on the other hand, is about making sure kids are taken care of. It’s based on the income of the parent who doesn’t live with the child most of the time. It’s all calculated according to guidelines, so it’s fair and straightforward.

It’s not uncommon for spouses to disagree about certain things during a divorce. If that happens, there are a few ways to work through it:

• Mediation: A neutral third person helps you and your spouse find common ground.

• Arbitration: Someone makes a decision for you, like a private judge.

• Court: If nothing else works, a judge will decide.

These processes can feel a bit stressful, but having a lawyer on your side can make a big difference.

Yes, you can still get a divorce, even if your spouse doesn’t want to. Canada has what’s called “no-fault divorce,” so you don’t have to prove anyone did something wrong. As long as you’ve been separated for a year and have served them the required paperwork, the divorce can move forward.

Divorce can bring out a lot of emotions, but there are a few things you should avoid to keep things on track:

• Don’t hide assets or debts. This can get you in trouble with the court.

• Don’t involve your kids in the conflict. It’s important to protect them emotionally.

• Don’t rush into agreements just to “get it over with.” Make sure everything is fair and works for you long-term.