For many individuals, both separation and divorce can be stressful and daunting experiences. People going through a break-up are often navigating one of the hardest, if not the hardest, times in their lives. Whether you are simply living separately or you are ready to legally end your marriage, the separation and divorce process can be complex and overwhelming.
Divorce and separation can also have important implications for property division, decision-making responsibility (formerly called custody), parenting time, and financial matters such as spousal support or taking possession of the matrimonial home. For these reasons, it can be very important to obtain legal advice from family lawyers who understand Ontario law and the Toronto court system, so that your rights are respected throughout the process.
At Gelman & Associates, our Toronto divorce lawyers provide legal representation tailored to your individual needs. First and foremost, we strive to provide a client-centred approach to all cases. To meet this goal, we aim to ensure you have the information and resources you need to make informed decisions throughout the separation and divorce process.
To discuss your situation with one of our Toronto separation and divorce lawyers, contact us today. With legal professionals in Toronto and throughout Ontario, we are ready to assist clients across the province. You can call our Toronto office at (416) 736-0200 or fill out our online contact form now.
What to Expect When You Work With Our Toronto Divorce Lawyers And Separation Lawyers
Deciding to separate or divorce is not just a legal decision. It also affects your children, your home, your finances, and your future. Our Toronto separation lawyers aim to combine clear legal advice with a practical, supportive approach so that you feel informed rather than overwhelmed.
When you meet with us, we will:
- Listen carefully to your story, concerns, and priorities
- Explain your rights and responsibilities under Ontario’s Family Law Act and the federal Divorce Act in plain language
- Discuss your options for resolving child-related issues, child support disputes, spousal support scenarios, property division, and more
- Outline possible next steps so that you have a sense of the divorce process and timing
We can help you understand where you are in the process and what needs to happen before a divorce can be granted.
How Our Toronto Divorce Lawyers Can Help With Your Separation and Divorce
At Gelman & Associates, our family law lawyers are dedicated to helping families navigate one of life’s most challenging transitions. Separation and divorce in Ontario can take many forms and involve a range of legal processes. Our Toronto divorce lawyers provide support, guidance, and representation to clients, no matter what their situation looks like.
At our firm, we can assist with:
Divorce Application Filing and Response
Our separation and divorce lawyers can help you initiate the divorce process. We will identify the documentation you need to submit and help you complete it correctly and efficiently. If you receive divorce documents, we can help you prepare your response in accordance with Ontario family law and court rules, including the Family Law Rules forms.
Contested and Uncontested Divorces
Whether you and your spouse agree or disagree on the terms of your divorce, our divorce lawyers in Toronto can help. If you have amicably resolved significant issues yourselves, we can help draft your separation agreement accordingly. If you cannot agree, our legal team is ready to negotiate on your behalf or represent you in court, if necessary.
Separation Agreements
A separation agreement is a legally binding contract that sets out rights and responsibilities on issues such as decision-making responsibility and parenting time, property division, and support payments. A well-drafted separation agreement can help prevent future disputes and better protect your rights. Our separation lawyers in Toronto can help you negotiate, draft, and finalize your separation agreement so that it is fair and enforceable under Ontario law.
Legal Representation in Separation or Divorce Proceedings
We provide representation at every stage of your separation or divorce. We can help advocate for your interests during negotiations, court proceedings, or alternative dispute resolution processes such as mediation and collaborative family law. Our goal is to help you pursue outcomes that reflect your legal rights and your family’s needs.
No matter what stage of the separation or divorce process you are at, we provide tailored advice and a hands-on approach. From helping you compile and file your initial application to representing you in court if needed, you will have legal support at every step.
Key Issues Our Toronto Divorce Lawyers Can Help You Address
Every family is unique, but most separations in Ontario involve a few core issues. Our Toronto separation and divorce lawyers can help you understand how each of these may apply in your circumstances.
Parenting Arrangements And Decision-Making Responsibility
If you have children, you will need to consider where they will live and how major decisions about their lives will be made. Recent amendments to the Divorce Act use the terms “parenting time” and “decision-making responsibility” instead of “custody” and “access,” with a focus on the best interests of the child.
We can help you:
- Prepare or review parenting plans
- Create schedules for holidays, school breaks, and special occasions
- Develop communication guidelines between co-parents
- And more
Child Support And Spousal Support
Support can be one of the most stressful and confusing parts of separation. Our team can explain how the Child Support Guidelines and case law may apply to your situation, and what factors courts consider when deciding spousal support.
Division Of Property And Equalization Of Net Family Property
When married spouses separate, Ontario’s Family Law Act includes rules about the equalization of net family property. In general terms, each spouse’s increase in net worth during the marriage is compared, and the spouse with the higher increase may need to make an equalization payment so that both leave the marriage with a similar share of the growth in assets.
Our Toronto divorce lawyers can help you:
- Understand how assets and debts may be treated in your circumstances
- Consider the special status of the matrimonial home
- Identify the financial information and documentation that may be required
- And more
Separation And Divorce For Common-Law Couples In Ontario
If you are in a common-law relationship, your separation might look quite different from a married couple’s divorce. For example:
- Equalization rules under the Family Law Act do not automatically apply to common-law partners
- The special rules around a “matrimonial home” generally apply only to married spouses
- Parenting and support issues may be dealt with slightly differently for married versus common-law parents
Because of these differences, early advice from Toronto separation lawyers who work with both married and common law clients can be especially helpful.
The Difference Between Separation and Divorce in Ontario
A common misconception is that the terms “separation” and “divorce” are interchangeable. In reality, they have different legal meanings and implications.
Separation
Separation generally means that a couple is living “separate and apart,” even if they remain legally married. A couple can be considered separated while living under the same roof if their conduct shows that the relationship has ended. There is no specific court order or formal document required to be separated, and separation can apply to married or common-law couples whose relationship has broken down. During this time, a separation agreement can often be used to resolve issues like property division, parenting time, and support.
Divorce
A divorce is a court order that officially changes a person’s status from married to single. Only a court can legally end a marriage. A divorce judgment does not automatically resolve related issues such as parenting, child support, spousal support, or division of property; those issues are usually addressed through agreements or court orders alongside or before the divorce.
What’s The Difference Between A Contested And An Uncontested Divorce In Ontario?
When you decide to get a divorce, you may proceed with either a contested or an uncontested divorce. The path you take will depend on your expectations, the complexity of your situation, and your relationship with your former spouse.
A contested divorce occurs when spouses disagree on one or more issues, such as:
- Spousal support
- Child support
- Property division
- Decision-making responsibility
- Parenting time
- Other aspects of the separation
In a contested divorce, court involvement is often required, and the process may include mediation, arbitration, settlement conferences, and, if needed, a trial. This can mean longer timelines and higher legal costs, although an out-of-court settlement may still be possible at many stages.
An uncontested divorce generally occurs when all major issues have already been settled before court documents are filed. Spouses may file a joint application for divorce, or one spouse may apply without the other opposing it. Uncontested divorces can be more cost-effective and less stressful, as they typically do not require a trial or extensive negotiation. In many cases, an uncontested divorce follows successful negotiation, mediation, or collaborative family law processes that resulted in a separation agreement.
Whether you pursue a contested or uncontested divorce depends on your unique circumstances. While uncontested divorces tend to be more cooperative and predictable, a contested process may be necessary where there is serious conflict, safety concerns, complex finances, or uncertainty about full disclosure.
Do I Need To Go To Court For My Separation Or Divorce In Toronto?
Many people are concerned that contacting our Toronto divorce lawyers means they will automatically end up in court. In practice, many separations and divorces in Ontario are resolved outside the courtroom through negotiation, mediation, or other forms of alternative dispute resolution.
In some situations, a carefully drafted separation agreement may resolve parenting, support, and property issues without starting a court case. In others, a court application is necessary from the outset or becomes necessary later.
If court is involved, your case may be heard in the Ontario Superior Court of Justice or the Ontario Court of Justice – Family Court, depending on the issues.
Ontario has also expanded options for filing some family court documents online, including certain divorce applications, which can be more convenient in some situations. Our Toronto divorce lawyers can help you decide whether court, negotiation, mediation, or a combination of approaches is most appropriate in your circumstances.
What Happens To The Matrimonial Home When You Separate Or Divorce In Ontario?
When you get divorced, the house you shared with your spouse during the marriage is treated differently from other assets. Under Ontario’s Family Law Act, this house is referred to as the matrimonial home and has special status. Regardless of whose name is on the title, both spouses usually have equal rights to possession during the marriage and upon separation.
Section 18(1) of the Family Law Act defines a matrimonial home as a property in which one or both spouses have an interest and which is ordinarily occupied by the spouses as their family residence at the time of separation. More than one property may qualify as a matrimonial home.
When it comes to equalization of net family property upon separation or divorce, there are several possible outcomes for the matrimonial home. You may choose to:
- Sell the home and divide the net proceeds
- Have one spouse buy out the other’s interest in the property
- Designate one spouse to remain in the home temporarily (for example, until children complete a school year)
- Defer the sale to a later date, which may be outlined in your separation agreement
If one spouse’s interest is transferred to the other, it is important to address any mortgage or other secured debt with the lender. Dealing with the matrimonial home can be one of the most complex aspects of separation or divorce, so obtaining legal advice can help you understand your options and potential implications.
What Is Financial Disclosure In Separation And Divorce?
When you get divorced or negotiate a separation agreement, complete and honest financial disclosure is extremely important. Financial disclosure is the process by which spouses exchange full information about their assets, debts, and income. This transparency is required by law so that separation agreements and court orders are based on accurate information.
To meet financial disclosure obligations, you may need to share:
- Bank statements
- Recent income tax returns
- Pay stubs or other proof of income
- RRSPs, pensions, and investments
- Real estate holdings
- Debts such as credit cards, lines of credit, or loans
You will usually be asked to complete a Financial Statement (Form 13 or 13.1), depending on your situation, and attach supporting documents. You can find official forms on the Ontario Court Services Family Law Rules Forms page.
If a spouse fails to fully disclose assets or debts, there can be serious consequences, including:
- Cost orders or court sanctions
- Unfavourable outcomes in property or support decisions
- Delays in resolving your family law matters
- In some circumstances, a separation agreement or divorce order being set aside later
Our Toronto divorce lawyers can guide you through the disclosure process and help you understand what information you may need to provide. We’ll help you gather appropriate documentation and complete full financial disclosure correctly to protect your rights.
How Do I Start The Divorce Process In Ontario?
You may be eligible to apply for a divorce in Ontario under the Divorce Act if:
- You were legally married in Canada or in another country, and
- You plan to permanently separate from your spouse with no intention of reconciling, or you have already separated and do not intend to reunite, and
- At least one spouse has lived in Ontario for at least one year immediately before filing the application.
Once eligibility is established, you can file an application for divorce along with your supporting documentation. You must give a legal reason for the breakdown of your marriage, such as:
- Living separate and apart for at least one year with the intention that the marriage is over
- Adultery
- Cruelty
Canada has a no-fault divorce system, so you do not have to prove wrongdoing to obtain a divorce, although some grounds have specific requirements.
A lawyer is not legally required to initiate a divorce, but legal guidance is strongly recommended, particularly where children, significant property, or disputes over support exist. Our Toronto divorce lawyers can help you complete your paperwork, avoid common errors, and navigate the court process if disagreements arise.
Frequently Asked Questions For Toronto Divorce And Separation Clients
How long do I have to be separated before I can get a divorce?
In most cases, spouses rely on having lived “separate and apart” for at least one year as the ground for divorce. Time can still count as separation even if you are living in the same home, if your conduct shows that the relationship has ended.
Can we be considered separated while living in the same house?
Yes. You may be considered separated while living under the same roof if your daily life shows that the relationship has ended. For example, by living in separate bedrooms, managing finances separately, or no longer presenting yourselves as a couple.
Do I have to get a divorce if we have already separated?
Some couples remain separated long-term without obtaining a divorce. However, you usually must obtain a divorce order if you want to legally remarry another person. Many people focus first on resolving parenting, support, and property issues through a separation agreement and then address divorce as a later step.
When should I speak to a Toronto divorce lawyer or separation lawyer?
It can be helpful to speak with a Toronto divorce lawyer as early as possible, even if you are still deciding what to do. Early advice can:
- Help you avoid unintended legal or financial consequences
- Clarify which documents and records to gather
- Give you a sense of possible timelines and next steps
Many clients tell us they feel more in control once they understand their options and the legal framework.
Contact Our Separation And Divorce Lawyers In Toronto
At Gelman & Associates, our diverse group of separation and divorce lawyers strives to provide clients with the information they need to make educated decisions about their future. In addition to the extensive web-based resources available on our website, new clients are provided with a comprehensive family law kit during their initial consultation, with information and tools to help them understand and navigate the separation and divorce process. We also offer our clients a free consultation with a psychological professional to help support their well-being during a difficult time.
To discuss your separation or divorce, schedule a consultation with our Toronto divorce lawyers and Toronto separation lawyers today. You can call us at (416) 736-0200 or fill out our online contact form to arrange a consultation. We have multiple locations across the Greater Toronto Area and throughout Ontario, and we aim to make meeting with us as convenient as possible.
This page is provided for general information purposes only and does not constitute legal advice. Family law matters depend on the specific facts of each situation, and laws and court practices may change over time. You should speak with a family lawyer licensed in Ontario for advice about your particular circumstances. For more information about our general terms, please see our Legal Disclaimer.
