- Family Law FAQs: Divorce, Child Custody & Support in Ontario
At Horra Family Law, we know navigating divorce, child custody, and financial support can be overwhelming. Below, we answer the most common family law questions to help you understand your rights in Ontario.
For personalized advice, book a consultation with our experienced family lawyers.
Divorce & Separation
1. How do I file for divorce in Ontario?
To file for divorce in Ontario, you must complete and submit the necessary court forms to the Ontario Superior Court of Justice. You must also prove a breakdown of marriage, which can be due to:
- Living separately for at least one year
- Adultery
- Cruelty (physical or mental abuse)
Learn more about the divorce process.
2. How long does it take to get a divorce in Ontario?
If uncontested, a divorce typically takes 4-6 months. Contested divorces may take a year or longer, depending on disputes over property, custody, or support.
3. Do I need a lawyer to get a divorce?
While you can file for divorce yourself, working with a family lawyer ensures your rights are protected, especially in cases involving property division, child custody, or spousal support.
Child Custody & Parenting Time
4. How is child custody determined in Ontario?
Courts prioritize the best interests of the child, considering:
- The child’s relationship with each parent
- The ability of each parent to provide a stable home
- Parenting history and cooperation
For legal guidance, visit our Child Custody & Access page.
5. Do mothers always get custody of children in Ontario?
No. The law does not favor mothers over fathers. Courts decide based on what is best for the child, not gender.
6. Can I relocate with my child after divorce?
If you have shared custody, you need either the other parent's consent or a court order before moving. Courts consider how the move impacts the child’s relationship with both parents.
Child & Spousal Support
7. How is child support calculated in Ontario?
Child support follows the Federal Child Support Guidelines, based on:
- The paying parent’s income
- The number of children
- Any extraordinary expenses (Section 7 expenses)
Use the Ontario Child Support Calculator for estimates.
8. What happens if my ex stops paying child support?
The Family Responsibility Office (FRO) enforces child support payments by:
- Garnishing wages
- Suspending driver’s licenses
- Seizing bank accounts
Learn more about child support enforcement.
9. When does child support end?
Child support typically ends when a child turns 18, but may continue if they are still in school or have a disability.
10. What are Section 7 expenses in child support?
These are extraordinary expenses shared by both parents, including:
- Medical and dental costs
- Daycare fees
- Extracurricular activities
Property Division & Common-Law Rights
11. Who keeps the matrimonial home after separation?
Both spouses have equal rights to stay in the home, regardless of who owns it. Property division follows Ontario’s equalization of net family property laws.
12. Do common-law partners have the same rights as married couples in Ontario?
No. Common-law partners do not automatically have property rights like married spouses. However, they may have claims if they contributed to the property.
13. Do common-law partners pay spousal support?
Yes, if one partner is financially dependent and meets the criteria under Ontario’s Spousal Support Advisory Guidelines.
Resolving Family Law Disputes
14. Do I have to go to court for family law matters?
Not always. Many disputes can be resolved through:
- Mediation (a neutral third party helps reach an agreement)
- Collaborative Family Law (lawyers negotiate without court)
- Separation Agreements (a legally binding contract)
Learn more about family law mediation.
15. How can I protect my rights during a separation?
- Keep records of financial assets and debts
- Document all parenting arrangements
- Get legal advice before signing agreements
For personalized guidance, contact us.
Still Have Questions?
Family law is complex, and every case is unique. If you didn’t find the answer you need, book a consultation with our experienced family lawyers today.
Answering Common Family Law Questions
It may be easier in the short-term, but simply moving out is a bad strategy in a divorce as it may affect your claim for custody and/or access. It may appear that you “abandoned” your family responsibilities and left the children with the other spouse as the primary parent.
Money from a gift or inheritance received by one spouse that goes to paying for the family home remains as part of the value of the house. This cannot be excluded from the value of the matrimonial home. If a gift or inheritance goes to a specific spouse and is kept separate, it can probably remain with the recipient if careful records are kept before and during marriage. If the money was received after marriage, proof must be provided to show that the money was given and also was kept separate from the spouse’s assets while married.
Courts are concerned with the best interest of the child. So, if the partner has been acting as a mother or father (parent) to someone else’s children, it may be required to pay child support.
Child support and access are separate issues. The court takes a dim view of withholding access to children. Courts are concerned with the best interests of the children. This means two things:
1.Courts are in favor of ensuring that children spend time with both of their parents unless there are strong reasons against doing so.
2.Court will not deprive a child of visits with a parent even if that parent is not paying child support.
The law treats a traditional marriage and a common-law marriage the same when a relationship ends.
In some ways it does, but in some ways it doesn’t. The issues of custody, access and child support are usually resolved the same way regardless of whether the spouses are actually married. The issue of spousal support will also be treated the same provided that the spouses have lived together for at least three years or if they have lived together for less than three years and have had/adopted a child together.
The process for dividing property in a common-law marriage is very different from the rules that apply in a traditional marriage. For example, there is no “equalization payment” to divide a couple’s assets at the end of a common-law relationship.
No. Presence in the home does not dictate how assets are divided in divorce. Interests in the home comes from who is on title or from status as a party to a divorce case in which it is an asset.
As painful as being cheated on can be, family court will not increase support payment to punish bad behavior. A spouse being unfaithful is also not a factor used to determine the amount of spousal support payable.
This is not the case. As part of the divorce process the courts are mandated by family legislation to make custody and access awards that are in keeping with numerous factors. Primary among them is the “best interests” of the child. There is also a misconception that fathers can never get joint custody; this is also untrue.
Get to Know What Are Myths and Facts