Divorce in Ontario is Federally Regulated
Divorce in Ontario is governed by the Federal Divorce Act, which empowers a court to grant a divorce where there has been a “breakdown of the marriage.” 

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Marriage Breakdown
The court recognizes a marriage breakdown when:
1. The parties filing for divorce have been separated for at least one year.
2. Or the party filing the application proves that their spouse has committed cruelty or adultery.

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Ontario No-Fault Divorce
Ontario operates under a no-fault divorce system, whereby it is possible to dissolve a marriage without the need to prove any wrongdoing by either spouse. This approach permits couples to end their marriage amicably without placing blame on one another, providing a streamlined, less contentious and less costly way for couples to divorce.

Ontario At Fault Divorce
Ontario still permits ‘at fault’ divorces on the grounds of adultery or cruelty, but these types of ‘at fault’ divorces can be a longer, more contentious, more expensive, and more stressful means of obtaining a divorce.

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Your Entitlement to Property and Parenting (if children are involved)
Ontario’s no-fault approach to divorce means that regardless of the reason for divorce, or whether or not the divorce was someone's “fault,” each divorcing party’s entitlement to property division, parenting decisions, parenting time allotment, and support is not affected.

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How Long Does It Take to Get a Divorce?
A separation agreement can be done in a few days, however in the case of divorce, unless there are issues of adultery or outright cruelty, spouses must wait at least one year from the date they separate until they can apply for a Divorce Order. And it can take much longer if there are children involved. The court will not grant a Divorce Order unless it is satisfied that the children will be properly cared for by way of a parenting schedule for each parent and financially by way of child support.

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The Thirty-one Day Wait for Your Divorce Certificate
Thirty-one days after a judge signs their Divorce Order, spouses are officially divorced. This means that the former spouses are no longer married to each other, and they can apply for a Divorce Certificate. A Divorce Certificate acts as proof of a Divorce and allows either party to re-marry if they choose to do so.