Divorce is a life-changing legal process that officially ends a marriage. In Canada, divorce is governed by federal law under the Divorce Act, but the application and procedures can vary slightly by province or territory. Whether the decision to end the marriage is mutual or contested, it’s crucial to understand the steps, requirements, and implications involved. This comprehensive guide walks you through everything you need to know about to get a divorce in Canada in 2025.
Understanding the Legal Grounds for Divorce in Canada
Canada recognizes "no-fault" divorce, meaning you don’t need to prove wrongdoing to end the marriage. Instead, the most common legal ground for divorce is:
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Separation for at least one year — This means you and your spouse have lived apart for a minimum of 12 consecutive months, even if still in the same home without being a couple.
Other, less common grounds include:
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Adultery
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Cruelty (physical or mental abuse)
However, these are harder to prove and often lengthen the divorce process. As such, most Canadians pursue divorce based on separation.
Who Can File for Divorce in Canada?
To apply for a divorce in Canada, the following conditions must be met:
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You must be legally married in Canada or in another country (as long as the marriage is legally recognized in Canada).
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You or your spouse must have lived in a Canadian province or territory for at least one year immediately before applying.
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The marriage has broken down as defined by the Divorce Act.
Same-sex marriages are recognized across Canada, and same-sex couples follow the same divorce process as opposite-sex couples.
Types of Divorce in Canada
There are generally three categories of divorce in Canada:
1. Uncontested Divorce
This is the simplest and fastest form of divorce, where both spouses agree on all major issues, including:
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Division of property
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Child custody and access
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Child support and spousal support
An uncontested divorce often doesn't require court appearances and is processed more quickly.
2. Contested Divorce
This occurs when spouses disagree on one or more aspects of the divorce. It involves court hearings, legal representation, and may take significantly longer to resolve.
3. Joint Divorce
A joint divorce is filed together by both spouses. It’s also an uncontested divorce, but both parties submit a single application. This approach can be efficient when spouses are cooperative.
Steps to Get a Divorce in Canada
The divorce process involves multiple steps, and while each province may have slight procedural differences, the general process includes:
Step 1: Ensure You Meet Residency Requirements
One of the spouses must have resided in the province or territory for at least 12 months before filing. If this condition isn’t met, the court may reject your application.
Step 2: Choose the Type of Divorce
Decide whether you will apply for a sole, joint, or contested divorce based on your circumstances.
Step 3: Prepare the Divorce Application
You will need to file various forms, including:
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Application for Divorce
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Marriage Certificate
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Parenting Affidavit (if children are involved)
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Financial Statement (if support or property division is required)
Check with your provincial court to get the correct forms and instructions. For example, in Ontario, you can use the Family Law Rules and in Alberta, the Divorce Act and Family Law Act apply together.
Step 4: File the Application in Court
Submit your completed forms to the appropriate Superior Court of Justice in your province. There will be a filing fee (ranging between $200–$500 depending on location).
Step 5: Serve the Documents
If you filed a sole application, you must serve your spouse with the divorce papers using a legal method (usually through a process server or third party). You must then file an Affidavit of Service with the court.
Step 6: Wait for Response or Proceed
If your spouse doesn’t respond within the allowed time (typically 30 days), you can proceed with the divorce uncontested. If your spouse contests the divorce, a court hearing may be scheduled.
Step 7: Obtain Divorce Judgment
Once the court reviews the application and confirms all legal and procedural requirements are met, a Divorce Judgment will be issued.
Step 8: Receive Divorce Certificate
Your divorce becomes final 31 days after the judgment is granted. You can then request an official Divorce Certificate, which serves as proof of the legal end of your marriage.
Child Custody and Support Considerations
If you have children, the court will not grant a divorce unless reasonable arrangements are made for their care, custody, and financial support. Key considerations include:
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Parenting time and decision-making responsibility (formerly custody and access)
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Child support payments based on the Federal Child Support Guidelines
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Ensuring the best interests of the child are met
Courts are focused on ensuring children's stability and welfare. Disagreements over custody or support can delay the divorce.
Spousal Support and Property Division
Spousal support (alimony) may be awarded depending on factors such as:
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Duration of the marriage
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Financial disparity between spouses
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Role each spouse played during the marriage (e.g., one stayed home with children)
Property division follows provincial family law statutes, often under the principle of equal division of marital property. Debts, pensions, businesses, and other financial assets may also be included in the division.
How Long Does It Take to Get a Divorce in Canada?
The timeline depends on the complexity of the case:
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Uncontested divorce: 4 to 6 months
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Contested divorce: 12 months or longer
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Joint divorce: Usually faster than sole applications
Delays can occur if documents are incomplete, if spouses cannot agree, or if the court has a backlog.
Legal Assistance: Do You Need a Lawyer?
While you can represent yourself, it’s highly recommended to consult with a family lawyer, especially in contested cases. A lawyer can help:
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Draft or review legal documents
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Protect your rights during property division
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Represent you in court
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Ensure fair arrangements for children and support
Legal aid may be available for those with low income through provincial Legal Aid programs.
Can You Get a Divorce Online in Canada?
Yes, several provinces now offer online divorce services, including:
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Ontario's Divorce Online Filing System
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British Columbia’s Online Divorce Assistant
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Alberta’s e-Services for Divorce
These platforms make it easier to file uncontested or joint divorces without visiting the courthouse.
Conclusion
Getting a divorce in Canada involves more than just filing paperwork—it’s a structured legal process that ensures fairness, protection of rights, and the welfare of any children involved. Whether your divorce is amicable or contested, knowing the steps, requirements, and potential challenges can help you navigate it with confidence and clarity.
For a smoother journey, consult a lawyer, gather all necessary documentation, and focus on cooperation wherever possible. A well-prepared approach will reduce stress and lead to better outcomes for all parties involved.