Divorce

The term divorce simply refers to the “paper process” of exchanging your marriage certificate for a Divorce Order. Couples seeking to terminate their marriage in Ontario are subject to the federal Divorce Act, which states that a court may grant a Divorce Order to parties where there has been a “breakdown of the marriage.”

A successful Application for divorce will satisfy the court that there has been a breakdown of the marriage, which occurs when one of three criteria are met:

a) you and your spouse have lived separate for one year with the idea that your marriage is over; or

b) there has been adultery that has not been forgiven by the other spouse

c) there has been physical or mental cruelty, making it impossible to continue living together.(This may include acts of physical violence and those causing severe mental anguish).

One of these grounds for divorce must be outlined in the court Application that commences the first step to obtaining a divorce Order. A divorce Application can take several months to finalize, however, the actual divorce will not be granted until the one-year period of separation has elapsed.

Uncontested Divorce

As mentioned, a divorce is recognized when there has been a breakdown of marriage which occurs when the parties have been separated for at least one year or where the party filing the application proves that their spouse has committed cruelty or adultery. However, if none of these things have occurred but both you and your spouse mutually agree to terminate the marriage, it is an uncontested divorce and it is a much simpler process.

For an uncontested divorce, you must file an Application for divorce with the court that is located in the municipality where either you or your spouse have lived for at least one year.

The Application must be filed, served and registered together with a filing fee and a copy of the marriage certificate or marriage registration certificate, if available. Child support arrangements and any prior court orders or domestic contracts relating to support that have been obtained previously by either partner must also be filed. Finally, both partners must include a draft divorce Order that includes applicable documents in situations where child or spousal support is also being settled as apart of the uncontested divorce.

Once all this documentation is in order, the court will issue a divorce Order to you and your spouse. The divorce Order officially takes effect on the 31st day after the date it was granted by the court.

The team at Horra Family Law ensures our clients are protected and that they are aware of their rights and obligations. If you would like to speak with one of our lawyers regarding your family law matter, please contact us at (416) 840-1475 or schedule online your free initial consultation.

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'I would like to thank Reena Horra for all the time and work she has put into helping me. She is a devoted lawyer who is very genuine and caring. She helped me get through a difficult time in my life. No matter what the hour or the issue she was always there for me. She tirelessly fought to defend me and provided me with invaluable opinions and recommendations. I don’t know how to thank you enough for all that you’ve done.'⁠


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It's Monday and a new week! We hope everyone has a great week!⁠


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Many people who go through a divorce and separation feel many emotions and may also feel that no one around them understands how they are feeling.⁠ Always remember...you are not alone in your feelings. ⁠
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#TBT - Some behind the scenes from our photoshoots with @keronbrownphotography⁠ 📸


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Be encouraged and know that you CAN do this. Things have changed a lot since March but just take it all one day at a time and keep your chin up! ⁠
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Happy first day of school! It has been a long 6 months for Kobe and his friend Louis of long walks, lots of exercise and no sleep! Kobe and Louis are more excited than the children and parents for back to school! We hope everyone has a safe and happy school year! 🐶🎒📚
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