What Are the Legal Grounds for Divorce in Ontario?

Aug 20, 2025

Navigating the end of a marriage is never easy, either emotionally or legally. You probably have many questions surrounding your situation, and you may be interested to know about the legal grounds for divorce.

As a family law lawyer, Kelly Jordan and our team of experts at Kelly Jordan Family Law in Toronto have helped many clients through divorces.

Whether you’re just beginning to understand the legal framework, it’s important to take confident, informed steps forward.

This post will walk you through everything you need to know, from no‑fault divorce law to when you might need expert support from your divorce lawyers in Ontario.

Understanding “Grounds for Divorce”

In Ontario, the term grounds for divorce refers to the legal reasons recognized under the Divorce Act for officially dissolving a marriage.

Unlike some jurisdictions that require proof of fault, Canada allows for divorce based on no‑fault divorce, meaning you don’t need to assign blame or demonstrate wrongdoing. This approach reflects our commitment to fairness, efficiency, and emotional well‑being.

What Is No‑Fault Divorce?

Under Canadian law, Ontario couples can pursue divorce on a no‑fault divorce basis.

The main pathway is separation for at least one year. This means you don’t have to prove adultery, cruelty, or other fault-based grounds. Instead, the breakdown of the marriage itself is sufficient.

The one-year separation requirement helps avoid delays with litigation and blame, supporting a more amicable process.

Of course, if safety or urgency is a concern, or if parties are ready to make arrangements more quickly, help from the best divorce lawyers–like Kelly Jordan– to speed up the process is invaluable.

When Are Other Grounds Used?

Although no‑fault divorce is the standard, there are two additional grounds recognized in limited circumstances:

Adultery – When one spouse has engaged in an extramarital affair.
Cruelty – When one spouse has inflicted physical or mental cruelty upon the other.

These grounds are rarely used as they require detailed evidence and often escalate conflict. Most relationships can be dissolved more smoothly through separation and no‑fault proceedings with the help of a divorce lawyer.

Why Separation for One Year Works Best

Choosing the one-year separation route has several advantages:

Less emotionally taxing – You don’t have to relive past betrayals or hurt.
Faster process – No drawn-out fault-finding means fewer hurdles to court approval.
More cooperative negotiations – It encourages a focus on practical outcomes like parenting, property, and finances.

At Kelly Jordan Family Law, we routinely guide clients through one-year separation divorces, helping them reach a resolution while keeping conflicts at a minimum.

How the Process Works in Ontario

Here’s an overview of how grounds for divorce, specifically no-fault divorce, play out in Ontario’s system:

1. Confirm Separation

You must be separated for at least one year. This can mean physically living apart. In some cases, this isn’t feasible: you can be separated but still be living under the same roof. The separation date marks when you’re legally able to apply for divorce.

2. Prepare and File Documents

With the help of experienced divorce lawyers, you’ll prepare the necessary paperwork, including the Application for divorce, indicating separation as the ground for divorce. Getting help from a divorce lawyer can ensure accuracy and avoid delays.

3. Address Key Issues

Even under no-fault divorce, you’ll need to resolve:

Decision-making responsibility for children and parenting time arrangements
Child support and/or spousal support
Division of property and assets

Resolving these issues is essential for obtaining a final court order.

4. Court Review and Judgment

Once the documents are filed and any outstanding issues are resolved, a judge reviews the case and, if satisfied, issues a Divorce Order. Final steps include a waiting period, and then the divorce becomes official.

When Fault-Based Grounds Make Sense

Though uncommon, adultery or cruelty might still be the right choice in certain cases, such as:

When a one-year separation isn’t feasible due to urgency
When misuse of separation as a tactic is suspected
To reflect the emotional reality of abuse or betrayal

Working with an experienced divorce lawyer is helpful in situations like these. Fault-based claims must be substantiated, and the emotional stakes are often higher.

Why You Need the Best Divorce Lawyers in Ontario on Your Side

At Kelly Jordan Family Law, we’re committed to being among the best divorce lawyers you can trust. Here’s how we support clients:

Expertise that eases complexity – We guide you through no‑fault divorce and optional fault-based claims with clarity.
Client-centred care – Your emotional and financial well-being drives our approach.
Proactive planning – From preparing documents to outlining alternatives, we help you move forward.
Collaborative resolutions – When possible, we facilitate mediation or negotiation to reduce conflict.
Strong court representation – If litigation becomes necessary, we advocate fiercely and strategically.

Summary Of Grounds for Divorce in Ontario

To summarize, the grounds for divorce in Ontario are:

No-fault divorce via one-year separation is the most common and least adversarial route.
Adultery and cruelty are legally recognized but less favourable due to complexity and emotional toll.
A divorce may proceed smoothly when you’re supported by knowledgeable, trusted lawyers—especially the best divorce lawyers you can find.

Get The Legal Help For Divorce: Kelly Jordan Family Law

If you’re starting to ask, “What are the legal grounds for divorce in Ontario?”, you’re already moving toward resolution. Choosing the no-fault divorce path can bring clarity, fairness, and a faster timeline.

When you’ve got our caring professionals at Kelly Jordan Family Law by your side, you can make informed decisions with confidence.

Ready to explore your options? Reach out today. As some of the best divorce lawyers in Toronto, we’re here to support every step of your journey.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need.