Under Ontario law, a couple must live “separate and apart” for one year before a court will grant a divorce. There are two narrow exceptions to this rule: If one spouse can prove to a judge’s satisfaction that the other was unfaithful, or if it can be proved that a spouse inflicted physical harm or mental cruelty on their partner or the children, a divorce may be granted in less than one year.

We know that a divorce can be expensive. We have lawyers who charge different rates so we always strive to keep your cost low. Also, there are alternatives to court such as a mediated or arbitrated divorce, which cost less. If the divorce is contested, your cost will vary depending on how long it takes to reach an agreement with your spouse and whether we end up in court.

An overriding concern of the court is that the “best interests of the children” are taken into account during a divorce, and that it is generally important for the children to spend time with each of their parents. In practical terms, this means that children are entitled to have as much contact as possible with each parent, provided doing so is in the child’s best interest.

A court starts by assuming there will be joint custody and deviates from this position in limited circumstance. When this happens, usually it is because the Courts feel it is in the best interest of the children for one parent to have sole custody.

There are several ways. One is a sworn affidavit in which you affirm under oath the date on which you and your spouse began living separate lives – even if both spouses remain in the matrimonial home. Evidence of a separation date can be the opening your own bank account, obtaining your own credit cards or filing income taxes separated. If you moved out of the matrimonial home, the date of a lease on a new residence can help establish the date as well.