Family Law · Divorce & Separation

Family Law · Divorce & Separation

Divorce & Separation

Last updated: June 2026

Divorce and separation are the legal processes through which married or common-law couples in Ontario bring their relationship to an end. Divorce formally dissolves a legal marriage under Canada's federal Divorce Act, while separation establishes arrangements relating to parenting, child support, spousal support, and property issues. Whether you're in Toronto, Markham, North York or elsewhere in Ontario, these legal principles apply province-wide.

Who This Is For

Married couples ending a marriage Common-law partners separating Parents needing parenting arrangements Couples with shared property Overseas assets involved Cross-border marriage or immigration-related matters

Key Legal Points

Only married spouses can "divorce" — separation applies to everyone

Divorce formally dissolves a legal marriage under the federal Divorce Act. Common-law partners do not go through a divorce process — separation alone ends the relationship.

Separation ≠ Divorce — the most common misconception

Even after years of living separately, you remain legally married until a divorce order is granted. This isn't just a label — it directly affects inheritance: if one spouse dies while only separated (not divorced), the surviving spouse remains a legal spouse with corresponding rights to the estate. If you no longer want your spouse to inherit your property, separation alone is not enough — you must formally divorce and update your will and related arrangements.

A divorce in Ontario usually requires one year of separation

Under Section 8(2)(a) of the Divorce Act, one year of separation is the most commonly used ground for divorce. Adultery (s. 8(2)(b)(i)) and cruelty (s. 8(2)(b)(ii)) are alternative grounds but are rarely used in practice due to the difficulty of proof.

Divorce is federal jurisdiction — property division is provincial

A divorce order itself only dissolves the marriage. Equalization of net family property and spousal support are governed separately by Ontario's Family Law Act, and should be addressed alongside the divorce — ideally through an agreement.

Property division differs significantly between married and common-law couples

Married spouses are entitled to Equalization of Net Family Property. Common-law partners do not automatically receive equalization rights and may need to pursue claims such as constructive trust or unjust enrichment to obtain an interest in property. Learn more about Property Division →

Where there are children, parenting arrangements must be addressed before a divorce is granted

Under Section 11(1)(b) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for child support before granting a divorce order. Learn more about Child Custody & Support →

How an Ontario Divorce Moves Through the Courts

A contested divorce in Ontario typically proceeds through a series of court stages:

DRO Conference Case Conference Settlement Conference Motion Trial

Each stage serves a different purpose, and an experienced lawyer uses every step to maximize a client's position. At the conference and motion stages, important interim orders can be obtained — including disclosure orders (requiring the other party to disclose finances), orders for sale, and business valuation orders. These orders not only build the foundation for a strong case at trial, but often push the matter toward settlement before trial is ever needed.

Contested Divorce

The parties cannot agree on issues such as property division or parenting arrangements, and the court must intervene to decide.

Uncontested Divorce

The parties have already resolved property division and parenting matters themselves — no court decision is needed. A divorce order is typically issued within 3 to 6 months of filing. A separation agreement isn't strictly required, but signing one helps prevent future disputes.

What a Separation Agreement Does

When both parties are able to negotiate their own resolution, a separation agreement can be signed. It addresses far more than property division — it can also cover child support and other matters.

Importantly, a separation agreement can be filed with the court and registered with Ontario's Family Responsibility Office (FRO) — which assists with enforcing support payments. If the other party falls into arrears, FRO has the authority to garnish wages, intercept funds, and take other enforcement action to ensure the support arrangement is actually carried out.

View Separation Agreement drafting & review pricing →

How Mia He Approaches Your Case

Mia

Miao (Mia) He

LSO #83315K · Dual-Licensed Canada & China

Mia He is licensed in both Ontario and China, and provides full service in Mandarin and English — making the entire process clear and accessible to Chinese-speaking clients. This is one of the reasons we're trusted by the Chinese community in Toronto and Markham.

Before taking on a case, Mia He takes the time to fully understand your situation, analyze the issues, and outline a strategy. A retainer agreement is only signed once you fully understand the case itself, the proposed approach, and the legal process ahead — ensuring you're informed at every step, not pushed forward without understanding what's happening.

Throughout your case, Mia He handles the file personally, communicates with you directly, and provides timely updates. From your first consultation to the resolution of your case, you are always dealing with Mia He herself — not handed off to someone else.

With 15+ years of family law litigation experience and 20+ court hours per month, she follows a "Smart Advocacy" approach — resolving what can be resolved at the negotiating table without wasting your time or money, and advocating firmly in court when necessary. She has particular expertise in complex divorces involving overseas assets and business valuation (CBV) disputes.

15+Years of Family Law Experience
20+Court Hours Per Month
3-6Months for Uncontested Divorce
EN / 中Full Bilingual Service

Frequently Asked Questions

What's the difference between separation and divorce?

Separation doesn't require court approval — it occurs once one spouse decides the relationship is over and acts on it. Divorce requires a court-issued divorce order. During separation, both parties remain legally married until the divorce order takes effect.

I've been separated for years — doesn't that mean I'm divorced?

No. Regardless of how long you've been separated, you remain legally married until a court grants a divorce order. This affects inheritance and other rights — if you don't want your spouse to inherit your property, you must formally divorce and update your will and related arrangements.

Do common-law partners need a "divorce"?

No. Only married couples go through a divorce process — common-law partners can end their relationship without any court process. However, property rights differ significantly: unlike married spouses, common-law partners do not have automatic equalization rights.

How long must I be separated before I can divorce — and how long does it take?

Generally, one year of separation is required before a divorce order is granted (though you can file before the year is complete). An uncontested divorce typically takes 3 to 6 months after filing; a contested divorce involving property, support, or parenting disputes may take a year or longer.

Can I get divorced if my spouse won't cooperate?

Yes. Even if the other party refuses to consent or participate, you can proceed with the divorce application on your own in Ontario, and the court can move the matter forward to a divorce order.

Real Case

Yang v. Li · 2024 ONSC 4801 →

High-Conflict Divorce · Business Valuation · All Eight Applications Dismissed

In this high-conflict divorce proceeding, the opposing party advanced eight simultaneous claims — including a Chartered Business Valuator (CBV) corporate valuation dispute, imputed income, child support, and spousal support. Rather than defending each claim in isolation, Mia He focused the case on a single pivot point: the credibility of the opposing party's evidence. The motion judge, Justice Boucher, accepted this position — dismissing all eight applications and issuing a rare significant costs award based on the opposing party's lack of candour. On appeal, a unanimous panel of three Divisional Court judges dismissed the appeal.
🏆 Verify on CanLII →

Areas We Serve

We provide divorce and separation legal services to clients in:

Toronto Markham Richmond Hill North York Vaughan Mississauga Scarborough All Ontario

Ready to discuss your case?

English & Mandarin · Toronto & Markham & All Ontario

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