FAMILY LAW
Divorce Lawyers in Mississauga
Ending a marriage involves decisions about your children, your home and your financial future. At Kayani Law Firm we guide clients through the divorce process in Ontario, prepare the required documents, and explain what each step means before it is taken.
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Years in Ontario practice
Languages spoken
Practice areas
Called to the Ontario Bar
DIVORCE LAWYER
Legal Support When You Are Moving Forward After Separation
A divorce is the court order that legally ends a marriage. It is a separate step from the arrangements spouses make about parenting, support and property, which are usually dealt with in a separation agreement and can be settled long before a divorce is granted.
Most divorces in Ontario are uncontested. Where spouses agree, or where the practical issues between them have already been resolved, the application is generally processed on the papers without either party attending court. Where issues remain unresolved, the divorce may need to be dealt with alongside them.
We act on divorce applications for clients across Mississauga and Peel Region as part of our wider family law practice, and we explain at the outset which route is realistic in your circumstances.
Still have questions?
Get in touch with our team and we will explain what applies to your situation and what the next step looks like.
Looking For A
Divorce Lawyer?
We set out the steps involved, prepare the documents required, and keep you informed at each stage of the process.
What Are the Legal Requirements for Divorce in Ontario?
Divorce in Canada is governed by the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), which applies in every province. Under that Act there is only one ground for divorce: breakdown of the marriage.
Breakdown is established in one of three ways:
- One-Year Separation: Living separate and apart for at least one year  the basis for the large majority of Ontario divorces.
- Adultery: Adultery committed by the other spouse during the marriage.
- Cruelty: Physical or mental cruelty of such a kind as to render continued cohabitation intolerable.
The one-year separation ground is the most commonly used because it requires no allegation of wrongdoing by either party. Spouses can be separated while living under the same roof, provided they are living separate lives, which matters where one party cannot afford to move out immediately. An application can be started before the one-year period has finished, although the divorce itself will not be granted until it has.
To apply in Ontario, at least one spouse must ordinarily have been resident in the province for the twelve months immediately before the application is made. An original or certified copy of the marriage certificate is required, and where the marriage took place outside Canada a translation may also be needed.
Why Choose Kayani Law Firm
- Clear explanation of your available options
- Careful preparation of applications and supporting documents
- Guidance through joint, simple and contested applications
- Responsive communication throughout the process
- Service available in six languages
- Transparent retainer terms agreed before work begins
Do you have to wait a full year before applying for divorce?
No. An application can be filed before the twelve-month separation period is complete where the one-year ground is being relied on. The divorce will not be granted until the year has passed, but the paperwork can be prepared and filed in the meantime, which shortens the overall timeline.
Where the application is based on adultery or cruelty rather than separation, no waiting period applies though these grounds require proof, which makes them slower and more contentious in practice than simply waiting out the year.
What is the difference between a joint, simple and contested divorce?
A joint divorce is brought by both spouses together, where they agree on the divorce and on everything connected with it. A simple divorce is brought by one spouse alone, asking only for the divorce itself and nothing else. Both are processed without a hearing in most cases.
A contested divorce arises where the spouses disagree about the divorce or about the issues connected with it. In practice, most contested matters settle. Resolving disputes concerning parenting arrangements or statutory child support through negotiation first often allows the divorce itself to proceed as a straightforward application.
What documents are needed for a divorce application?
The core requirements are the application itself, the original or a certified copy of the marriage certificate, and proof that the other spouse has been served. Where there are children of the marriage, the court will also need information about the arrangements in place for their support.
Where financial claims such as spousal support are being advanced alongside the divorce, a financial statement with supporting disclosure is required under the Family Law Rules, O. Reg. 114/99. Applications are most often delayed by missing marriage certificates and by service that has not been carried out properly, so both are worth addressing early.
Does a divorce resolve parenting, support and property?
No. A divorce ends the marriage. It does not by itself decide who the children live with, what support is payable, or how property is divided.
Those issues are dealt with separately parenting arrangements and child support under the Divorce Act or the Children’s Law Reform Act, R.S.O. 1990, c. C.12, spousal support, and the formal division of property under Part I of Ontario’s Family Law Act, R.S.O. 1990, c. F.3. One point catches people out: a court will not grant a divorce unless it is satisfied that reasonable arrangements have been made for the support of any children of the marriage. Where child support has not been addressed, the divorce can be held up even though the spouses agree on everything else.
What happens once the divorce is granted?
The divorce takes effect on the thirty-first day after the order is made. The delay exists to allow for an appeal. Once it has taken effect, either party can request a Certificate of Divorce from the court. This is the document required as proof of divorce  most commonly when remarrying  and it is separate from the divorce order itself.
How we help with divorce matters?
Every matter is different. Some clients come to us having already agreed everything with their spouse and needing the application prepared properly. Others come with nothing resolved and no clear idea where to start.
We explain which route applies to your circumstances, prepare and file the documents, deal with service, and handle the court’s requirements as they arise. Where issues remain outstanding, we advise on resolving them through negotiation or, where necessary, through the Superior Court of Justice at the A. Grenville and William Davis Courthouse in Brampton, which hears Peel Region family matters. Family law matters at Kayani Law Firm include a free initial 30-minute consultation.
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