We are open in our 8 offices to serve your needs

 

How to start the divorce process in Ontario

We often hear from our clients that ending their relationship and/or a marriage is one of the hardest challenging times that they have ever faced in their life. The process of getting separated and/or divorced can be emotional, complicated, and consequential. It’s so important to make sure that your voice is heard and that you are protected – you want to protect your rights. This is where our team of family lawyers can help. 

While most divorces are granted in Ontario on the basis of living apart from your spouse for at least one year, you can still be living in the same house but living separate and apart. Ideally, couples should enter into what’s called a separation agreement – a contract where we set out all the most important issues, such as child support, parenting time, the division of property, and possibly also spousal support. If you are separating, we recommend finalizing this contract or separation agreement with your spouse prior to filing for divorce, to ensure that all your rights are protected. 

A separation agreement contains mutually agreed-upon terms. You come to an agreement with your spouse. If either spouse disagrees on issues raised, they need to reach a settlement. Most couples manage to settle without taking the case to trial. You want to do this. It’s much less expensive, and with the help of family lawyers, we can make sure you are protected.

When does the divorce get finalized?

In Ontario, you need to be separated from your spouse for at least one year in order to file an application for a divorce with the court. Once a judge signs the Divorce Order, the divorce becomes effective thirty-one days later. However, there are unique situations involving physical or mental cruelty and/or adultery, in which a divorce may be granted immediately. Especially in a situation like this, we recommend you consult with a family lawyer.

Do you need a family lawyer to get a divorce in Ontario?

There’s no legal requirement that you need a lawyer to help you process a divorce, but hiring a lawyer may help ensure that your best rights are protected. If you believe that your separation and/or divorce is going to be contested, hiring a lawyer can help remedy issues you and your spouse disagree on, and protect you. 

Contact Gelman & Associates today for a consultation

If you have any questions or would like to speak with our family lawyers about a separation and/or divorce, contact Gelman & Associates today for an initial consultation. With offices in Aurora, Barrie, Grimsby, Mississauga, North York, Scarborough, Toronto, and Whitby, our team would be pleased to help you. 

Contact us online by filling our consultation form, or call us today to schedule your consultation.

Contact Form - Contact Us Page

Request a free consultation

Please fill up this form with your contact information and someone will be in touch with you soon.

Contact Preferences

How would you like to be contacted? Click all that apply.

How can we help you?

Brief description of your legal issue:

The use of the Internet or this form for communication with the firm or any individual member of the firm is not secure and does not establish a lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.

locations

Toronto

4211 Yonge Street • Suite #210 • Toronto • Ontario • M2P 2A9

View Map | Learn More

Aurora **

16 Industrial Parkway South • Aurora • Ontario • L4G 0R4

View Map | Learn More

Barrie

500 Mapleton Avenue, Suite A • Barrie, Ontario • L4N 9C2

View Map | Learn More

Downtown Toronto **

100 King Street West • Suite #5600 • Toronto • Ontario • M5X 1C9

View Map | Learn More

Mississauga

4257 Sherwoodtowne Blvd Suite #300 • Mississauga Ontario • L4Z 1Y5

View Map | Learn More

Scarborough **

10 Milner Business Court • 3rd Floor • Scarborough • Ontario • M1B 3M6

View Map | Learn More

Grimsby **

33 Main Street West, • Grimsby • Ontario • L3M 1R3

View Map | Learn More

Whitby **

105 Consumers Drive - Unit 2, • Whitby • Ontario • L1N 1C4

View Map | Learn More
** Satellite office that requires you to book an appointment with us prior to arriving at the office.
Federation of Asian Canadian Lawyers
Law Society of Ontario
Peel Law Association
UJA Federation of Greater Toronto
York Region Law Association
Collaborative Practice Simcoe County
Law Association Simcoe County
Widows & Orphans Fund