- Common Family Law Myths & Facts for Ontario Families
Going through a separation or divorce can feel overwhelming—especially when you're getting advice from everyone around you. Friends mean well, but the truth is, there’s a lot of misinformation out there about family law in Ontario.
At Horra Family Law, we want you to feel grounded and supported, not confused or second-guessing every step. That’s why we’ve pulled together some of the most common questions families ask us—and a few myths we hear all too often. Whether you're worried about who stays in the house, how child support really works, or what rights you have as a common-law partner, we’re here to help you get clear answers.
For personalized advice, book a free consultation with our experienced family lawyers.
Ontario family Accorditon
- Separation & Divorce in Ontario
- Child Custody & Parenting Time
- Child & Spousal Support
- Property Division & Common-Law Rights
- Marriage Contracts, Notarization & Legal Documents
- Dispute Resolution
Q: How do I file for divorce in Ontario?
To file for divorce, submit the required forms to the Ontario Superior Court of Justice. Grounds include one year of separation, adultery, or cruelty.
Myth: Divorce in Ontario is always quick and straightforward.
Fact: Uncontested divorces can take 4–6 months, but disagreements over support or property can delay the process.
Q: Do I need a lawyer to get divorced?
No, but having a family lawyer protects your rights and avoids costly mistakes—especially if kids, assets, or support are involved.
Q: What happens if one spouse moves out of the matrimonial home?
Leaving doesn’t mean giving up your rights. Both spouses have equal rights to stay in the home, regardless of ownership.
Myth: If I move out, I lose my share of the house.
Fact: Property division in Ontario is based on equalization—not who leaves first.
Myth: It’s best to leave the home immediately to avoid fights.
Fact: Leaving without a plan can affect parenting time and financial claims. Speak with a lawyer first.
To file for divorce, submit the required forms to the Ontario Superior Court of Justice. Grounds include one year of separation, adultery, or cruelty.
Myth: Divorce in Ontario is always quick and straightforward.
Fact: Uncontested divorces can take 4–6 months, but disagreements over support or property can delay the process.
Q: Do I need a lawyer to get divorced?
No, but having a family lawyer protects your rights and avoids costly mistakes—especially if kids, assets, or support are involved.
Q: What happens if one spouse moves out of the matrimonial home?
Leaving doesn’t mean giving up your rights. Both spouses have equal rights to stay in the home, regardless of ownership.
Myth: If I move out, I lose my share of the house.
Fact: Property division in Ontario is based on equalization—not who leaves first.
Myth: It’s best to leave the home immediately to avoid fights.
Fact: Leaving without a plan can affect parenting time and financial claims. Speak with a lawyer first.
Q: How is custody determined in Ontario?
Custody decisions focus on the best interests of the child—including stability, safety, and the relationship with each parent.
Myth: Mothers always get custody.
Fact: Courts do not favour mothers. Parenting time and decision-making responsibility depend on what’s best for the child.
Q: Can I move with my child after separation?
If parenting is shared, you’ll need consent or a court order. The court considers how the move affects the child’s bond with both parents.
Q: If my ex stops paying child support, can I deny access?
No. Parenting time and child support are legally separate. Use the Family Responsibility Office (FRO) to enforce payments.
Myth: If I’m not the biological parent, I don’t have to pay support.
Fact: If you acted as a parent, courts may still require support—even if you’re not biologically related.
Custody decisions focus on the best interests of the child—including stability, safety, and the relationship with each parent.
Myth: Mothers always get custody.
Fact: Courts do not favour mothers. Parenting time and decision-making responsibility depend on what’s best for the child.
Q: Can I move with my child after separation?
If parenting is shared, you’ll need consent or a court order. The court considers how the move affects the child’s bond with both parents.
Q: If my ex stops paying child support, can I deny access?
No. Parenting time and child support are legally separate. Use the Family Responsibility Office (FRO) to enforce payments.
Myth: If I’m not the biological parent, I don’t have to pay support.
Fact: If you acted as a parent, courts may still require support—even if you’re not biologically related.
Q: How is child support calculated?
Child support is based on the paying parent’s income, number of children, and any special expenses (called Section 7 expenses).
Q: What are Section 7 expenses?
These include daycare, extracurriculars, and health-related costs—split proportionally between parents.
Myth: If my ex cheated, they should pay more child support. Fact: Cheating doesn’t affect support amounts. Support is based on financial need and legal guidelines.
Q: When does child support end?
Usually at age 18, but it can continue if the child is still in school or has a disability.
Q: Do common-law partners pay spousal support?
Yes, if one partner is financially dependent and meets Ontario’s spousal support criteria.
Myth: Spousal support is automatic if we lived together for a while.
Fact: It depends on financial need, length of the relationship, and other factors—not just cohabitation.
Child support is based on the paying parent’s income, number of children, and any special expenses (called Section 7 expenses).
Q: What are Section 7 expenses?
These include daycare, extracurriculars, and health-related costs—split proportionally between parents.
Myth: If my ex cheated, they should pay more child support. Fact: Cheating doesn’t affect support amounts. Support is based on financial need and legal guidelines.
Q: When does child support end?
Usually at age 18, but it can continue if the child is still in school or has a disability.
Q: Do common-law partners pay spousal support?
Yes, if one partner is financially dependent and meets Ontario’s spousal support criteria.
Myth: Spousal support is automatic if we lived together for a while.
Fact: It depends on financial need, length of the relationship, and other factors—not just cohabitation.
Q: What happens to the matrimonial home after separation?
Both spouses have equal rights to stay in the home, and the value is split as part of property equalization.
Myth: If my parents gave us money for the house, I can just get it back.
Fact: If that money was used for a shared home, it may be treated as a joint gift unless properly documented.
Q: Do common-law partners have the same property rights as married couples?
No. Property rights differ. Common-law partners may need to prove contributions to make a claim.
Both spouses have equal rights to stay in the home, and the value is split as part of property equalization.
Myth: If my parents gave us money for the house, I can just get it back.
Fact: If that money was used for a shared home, it may be treated as a joint gift unless properly documented.
Q: Do common-law partners have the same property rights as married couples?
No. Property rights differ. Common-law partners may need to prove contributions to make a claim.
Q: Are marriage contracts only for wealthy couples?
No. They’re useful for anyone wanting to protect assets or set clear financial expectations—especially in second marriages or blended families.
Myth: I don’t need to notarize my family law documents.
Fact: Some documents (like affidavits or separation agreements) must be notarized or commissioned to be valid in court.
No. They’re useful for anyone wanting to protect assets or set clear financial expectations—especially in second marriages or blended families.
Myth: I don’t need to notarize my family law documents.
Fact: Some documents (like affidavits or separation agreements) must be notarized or commissioned to be valid in court.
Q: Do I have to go to court for family law issues?
Not necessarily. Mediation, collaborative law, or a separation agreement may resolve your matter without going to court.
Myth: Court is the only way to get legal protection.
Fact: Many families resolve issues faster and more peacefully using out-of-court solutions.
Not necessarily. Mediation, collaborative law, or a separation agreement may resolve your matter without going to court.
Myth: Court is the only way to get legal protection.
Fact: Many families resolve issues faster and more peacefully using out-of-court solutions.
Still Not Sure What Applies to You?
Every family is different. What worked for a friend or neighbour may not apply to your situation. For answers tailored to your family, reach out to our team.