What each service is, how long it usually takes, and what to bring. Every family is different, so treat the timelines as a guide, not a promise.
Separation
In Ontario there is no form to file to be separated. You are separated when at least one of you decides the relationship is over and you start living separate lives, even if you are still under the same roof for a while. The date matters, because property and support are measured from it.
Early on, we help you work out a temporary plan for the children, the bills and the home, and what to avoid, like moving money or moving out with the children without a plan.
How long it usually takes
The separation itself starts the day you decide. Settling the details usually takes 2 to 6 months when both of you are cooperating.
What you'll need
The date you separated
A rough list of what you own and owe
Your last three years of tax returns
How the children's weeks look now
How it's billed
Hourly, with an estimate in writing after your consultation.
Divorce
A divorce ends a marriage. Only married spouses need one; common-law partners do not. Almost every divorce in Canada is based on living separate and apart for at least one year. You can start the paperwork before the year is up, but the court cannot grant it until then.
When everything else is settled, the divorce is uncontested and mostly paperwork: an application, an affidavit and the court's review. You do not usually need to go to court in person.
How long it usually takes
Often 4 to 8 months after filing at the Ottawa courthouse, once the year of separation has passed. The divorce order takes effect 31 days after it is granted.
What you'll need
Your marriage certificate (original or certified copy)
Since 2021 the law talks about parenting time (when children are with each parent) and decision-making responsibility (who makes major decisions about health, school, religion and activities), instead of custody and access. Everything is decided on what is best for the children.
We help you build a parenting plan that is specific enough to prevent arguments: weekday schedules, holidays, travel, school pick-ups, and how you will decide things together.
How long it usually takes
A parenting plan can often be agreed in 1 to 3 months. A contested court case can take a year or more.
What you'll need
The children's current routine
School, care and activity schedules
Both parents' work hours
Any safety concerns, told to us privately
How it's billed
Hourly, or included in a separation agreement package.
Child support
Child support is the children's right, and the amount mostly follows the Federal Child Support Guidelines. There is a table amount based on the paying parent's income and the number of children, plus a share of special expenses such as daycare, orthodontics and some activities, split in proportion to income.
Shared parenting time, several children or self-employment income change the math. We run the numbers with you and explain each line.
How long it usually takes
The table amount can usually be worked out at your first meeting. Agreeing the full picture often takes a few weeks.
What you'll need
Three years of tax returns and Notices of Assessment
Recent pay stubs
Costs of child care, activities and medical extras
How it's billed
Hourly, or included in a separation agreement package.
Spousal support
Spousal support is not automatic. It depends on why it would be owed: for example, one spouse stepped back from work to raise the children, or one cannot meet basic needs after the separation. When it applies, the Spousal Support Advisory Guidelines suggest a range for the amount and how long it lasts.
We explain where in the range you are likely to fall and why, so that you negotiate from facts.
How long it usually takes
Usually 1 to 4 months to agree a figure. Longer when income is complicated, such as a business or variable commission.
What you'll need
Both incomes, as far as you know them
Who worked and who cared for home and children, and for how long
A monthly budget
How it's billed
Hourly, with an estimate in writing.
Property division
Married spouses in Ontario share the growth in what they owned during the marriage. Each lists what they had on the wedding day and on the separation date, and the spouse with the larger increase pays half the difference to the other. The family home has its own rules.
Common-law partners do not get this automatic sharing. They may still have a claim if one contributed to property the other owns, and these cases need careful advice early.
How long it usually takes
2 to 6 months once both of you have shared full financial information. Longer if a business or a pension needs valuing.
What you'll need
Statements for the marriage date and the separation date: bank, RRSP, TFSA, pensions
Mortgage and debt statements
Recent property tax bill and any appraisals
How it's billed
Hourly. Valuators, if needed, are quoted separately.
Separation agreements
A separation agreement is a written contract that sets out parenting, support and the division of property. It must be signed by both of you and witnessed, and each of you should have your own lawyer's advice before signing so it holds up later. Support terms can be filed with the court and enforced.
If you have already agreed the main points, this is often the fastest and least expensive way to finish.
How long it usually takes
4 to 10 weeks once you agree on the main points and have exchanged financial information.
Both are ways to settle everything above without asking a judge to decide. In mediation a neutral mediator helps you both talk it through. In collaborative law each of you has your own lawyer at the table, and everyone signs a promise to stay out of court.
A cohabitation agreement (for couples living together) or a marriage contract (before or during a marriage) sets out ahead of time what would happen to a home, savings, a business or an inheritance if you separate. It can also deal with support.
For it to hold up, both of you need to share full financial information, have separate lawyers, and sign without pressure. That is why we ask people to start well before a wedding date.
How long it usually takes
3 to 6 weeks, depending on how quickly the other lawyer responds.
We do not handle criminal charges or cases with the Children's Aid Society. They need lawyers who do that work every day, and we will refer you to them. If a child-protection worker has contacted you, call a child-protection lawyer or Legal Aid Ontario today rather than waiting for a family law consultation.
Want to talk through your situation?
Tell us briefly what is happening. We will run a conflict check, then call you to talk through your options and what they would cost.
