At least one of the spouses must have habitually lived in Ontario for at least one full year, prior to the commencement of divorce proceedings.
You must be living separate lives at the time the divorce action is started.
Please Note: Living separate and apart does not necessarily mean living in separate homes. You can be separated but share the same home for various reasons (children, finances, etc).
Filing jointly (if possible) is easier, quicker, less adversarial, and less expensive than filing a sole action (requires the full cooperation of both spouses).
Please Note: Divorce actions on the grounds of separation typically take from 2 to 4 months to conclude but it is not necessary to wait until one year of separation to begin the process.
1- A copy of your original marriage certificate or original registration of your marriage.
2- A copy of all Court Orders (if any), Separation Agreements, and any other written arrangements which pertain to the marriage or any children of the marriage.
3- If you only have an oral agreement, please describe the terms and provide the date of the agreement.