If you’re considering divorce in Ontario, you may have heard the term “no-fault divorce.” But what does it really mean? Many people assume fault still plays a major role in divorce outcomes, especially when there’s infidelity, abuse, or misconduct involved.
Ontario follows a no-fault divorce system, which simplifies the legal process in many ways—but it doesn’t mean that emotions and complex situations aren’t part of it.
In this blog, we’ll explain how no-fault divorce works in Ontario, what it means for property division and custody, and how a lawyer can help you move forward.
What Is a No-Fault Divorce?
A no-fault divorce means you don’t need to prove that your spouse did something wrong in order to get divorced. Instead, you simply need to show that your marriage has broken down and that there’s no reasonable chance of reconciliation.
In Ontario, there are three legal grounds for divorce under the Divorce Act, but the most common is living “separate and apart” for at least one year.
Grounds for divorce in Ontario:
- Living separate and apart for one year (most common)
- Adultery
- Cruelty
Even though adultery and cruelty are technically still grounds for divorce, the court system almost always processes divorces based on separation. This is why most Ontario divorces are considered “no-fault,” even when misconduct is present.
How No-Fault Divorce Affects Property Division and Custody
One of the biggest misconceptions about no-fault divorce is that bad behavior might affect what someone gets in the divorce. But in Ontario, financial and custody decisions are based on facts—not blame.
Property Division
Ontario uses a system called equalization of net family property. Each spouse calculates their net worth on the date of marriage and the date of separation. The spouse with the higher increase in net worth typically pays the other an equalization payment.
Key points about property division:
- Marital misconduct (such as cheating) does not affect division of property
- Each spouse keeps assets they had before the marriage (with some exceptions)
- Debts and liabilities are also included in calculations
Child Custody and Parenting Time
When children are involved, Ontario courts focus on the best interests of the child—not the personal history of the parents.
Custody decisions are based on:
- The child’s emotional, physical, and psychological needs
- Stability in the child’s life
- The ability of each parent to meet the child’s needs
- The child’s own wishes, depending on age and maturity
Unless misconduct directly affects the child’s well-being (such as abuse or neglect), it will not impact parenting decisions.
Can Misconduct Impact Divorce Settlements?
While Ontario law does not allow misconduct to impact property division or custody in most cases, there are limited circumstances where behavior can become legally relevant.
Examples where misconduct may be considered:
- One spouse recklessly spent marital assets (called dissipation)
- There was domestic violence or abuse affecting the children
- One spouse deliberately failed to support the family financially
- Hiding assets or lying during financial disclosure
In these cases, a court might:
- Award more parenting time to the more responsible parent
- Adjust support payments
- Order unequal division of property in rare circumstances
It’s important to note that emotional pain, infidelity, or resentment alone usually do not influence the court’s decisions.
How to File for a No-Fault Divorce in Ontario
Filing for divorce in Ontario involves several legal steps, even if both spouses agree that the marriage is over.
General steps to file:
- Meet the residency requirement: At least one spouse must have lived in Ontario for 12 months before filing.
- Confirm legal grounds for divorce: Most people file on the basis of living separate and apart for at least one year.
- Complete the divorce application: Use Form 8 (General Application) if there are issues like support or custody. Use Form 8A (Simple Divorce) if there are no other claims
- File your application with the Ontario Superior Court of Justice
- Serve your spouse (if filing alone): You must officially deliver the documents to your spouse.
- Wait for the court to process the divorce: If everything is in order and there are no objections, a divorce order is issued. After 31 days, the divorce is final and you can request a Certificate of Divorce.
In cases where both spouses agree and the paperwork is completed properly, an uncontested no-fault divorce can proceed without anyone having to appear in court.
How a Lawyer Makes No-Fault Divorce Easier
Even though a no-fault divorce sounds straightforward, the process can be more complicated than expected—especially when children, finances, or emotions are involved.
A family lawyer can guide you through every stage of divorce, from filing documents to negotiating a settlement. At Nussbaum Family Law, we ensure your rights are protected while helping you move forward confidently.
Ways a lawyer can support you:
- Help you choose the correct legal grounds for divorce
- Ensure financial disclosure is complete and accurate
- Prepare separation agreements or parenting plans
- Negotiate child or spousal support
- Represent you in mediation or court if needed
A lawyer also helps ensure that no important detail is overlooked, and that your final divorce order is enforceable and fair.
What Happens After the Divorce Is Final?
Once your divorce is finalized, it’s natural to wonder what comes next. While the legal part may be over, there are still a few important steps to take to fully transition into your new life.
Things to consider after your divorce:
- Update your will and power of attorney
- Review and adjust beneficiaries on insurance or investment accounts
- Close or separate joint bank accounts and credit cards
- Work out a parenting schedule if you have children
- Make sure all terms of your separation agreement are being followed
- Contact a financial advisor for help with your new budget or financial plan
Even though the divorce process is complete, your lawyer can still help with enforcement, modifications, or additional legal support if issues arise down the road.
Common Questions About No-Fault Divorce
Here are some answers to common concerns couples have about no-fault divorce in Ontario:
Do we need to live in different homes to be considered “separate and apart”?
No. You can live in the same home and still be legally separated, as long as you’re no longer acting as a couple. This includes sleeping separately, no shared finances, and minimal communication.
Can I file for divorce if my spouse doesn’t agree?
Yes. You can file for divorce even if your spouse doesn’t want to separate. As long as you meet the legal requirements, their consent is not required.
Does no-fault divorce mean everything is split 50/50?
Not necessarily. Ontario law aims for fairness, not just equality. Property division follows specific calculations, and support amounts depend on several factors.
Need a Reputable Toronto Divorce Attorney?
No-fault divorce in Ontario is designed to reduce conflict and simplify the legal process. Instead of focusing on blame or personal wrongdoing, it centers on practical matters like finances, property, and parenting.
That said, going through a divorce can still be emotional and complex. If you’re thinking about filing or responding to a divorce application, having the right legal team on your side can make all the difference.
At Nussbaum Family Law, we help clients navigate separation with clarity, compassion, and confidence. Contact us today to speak with an experienced family lawyer.
