Divorce in Canada in 2025: What You Need to Know Before Filing

Understanding Your Rights, The Legal Process & How to Find the Right Lawyer

Divorce is a major life decision, and Canada’s divorce laws continue to evolve. Whether you’re considering filing or already in the process, understanding your rights, the legal steps, and recent changes to family law can help you protect yourself and your assets.

But divorce can also be complicated. Who gets custody of the kids? How is property divided? How much support will you have to pay (or receive)?

Having a trusted divorce lawyer can make all the difference. With Lawggle, you can easily find a lawyer who specializes in family law—someone who understands your unique situation and can help you through the process.

1. Can You Get a Divorce in Canada? The Basic Requirements

Who Can File for Divorce?

To be eligible for divorce in Canada, you must:

✅ Be legally married (in Canada or abroad, as long as it's recognized in Canada).
✅ Have lived in a Canadian province or territory for at least one year before applying (except in Quebec, which has its own rules).
✅ Be able to prove your marriage has broken down under Canadian divorce laws.

🔹  Need help understanding if you qualify? A divorce lawyer can review your case and guide you on the next steps. Find a trusted lawyer with Lawggle today.

2. Grounds for Divorce in Canada

Canada has a "no-fault" divorce system, meaning you don’t need to prove your spouse did anything wrong to get a divorce. However, you must meet one of the following legal grounds:

Accepted Grounds for Divorce in Canada:

🔹 One-Year Separation → The most common reason. Spouses must live apart for at least one year before the divorce is finalized (but you can file before the one-year mark).
🔹 Adultery → If your spouse cheated, you may not need to wait one year to get divorced. However, you must provide proof of the affair.
🔹 Cruelty or Domestic Violence → If you suffered mental or physical abuse, you may be able to get a divorce without the one-year separation period.

🔹  Not sure which option applies to you? A family lawyer can clarify how the law applies to your specific case.

3. Divorce Process in Canada: Step-by-Step Guide

The divorce process in Canada varies by province, but here are the general legal steps you need to take:

Step 1: File a Divorce Application

✅ File in the superior court of the province where you or your spouse live.
✅ Choose a simple divorce (if uncontested) or a joint divorce (if both spouses agree).
✅ Pay the divorce filing fee (ranges from $150–$500 depending on the province).

Step 2: Serve Your Spouse (If Needed)

✅ If your spouse isn’t filing jointly, you must serve them the divorce papers.
✅ They have 30 days (60 if outside Canada) to respond.

Step 3: Settle Child Custody, Support & Property Division

✅ You must resolve parenting plans & financial agreements before the divorce is finalized.
✅ If both parties agree on everything, the divorce is processed faster.
✅ If there’s a dispute, mediation or a court hearing may be required.

Step 4: Wait for the Divorce Order

✅ If uncontested, the court reviews the case and grants the divorce.
✅ Mandatory waiting period: Even after approval, you must wait 31 days before remarrying.

🔹 Need guidance at any stage? The legal process can be overwhelming, but a family lawyer can ensure you don’t miss key steps. Find a legal expert through Lawggle.

4. Divorce Law Changes in 2025: What’s New?

Canada has made several key updates to divorce laws, especially regarding child custody, property division, and spousal support.

🔹 New Updates in 2025

✅ Stronger Protections for Domestic Violence Victims

• Courts are now required to consider past domestic abuse in custody decisions.
• Faster processing for victims seeking divorce.

✅ Stricter Enforcement of Child Support Payments

• Provinces now have more power to collect unpaid child support (including wage garnishment and asset seizure).
• Courts are prioritizing fair financial support for children.

✅ Changes to Property Division Rules in Some Provinces

• Common-law spouses now have more legal protections in certain provinces (e.g., Ontario and BC are considering changes to property-sharing laws).

🔹 Understanding how these legal changes affect you is crucial. A lawyer can help ensure you’re aware of your rights and responsibilities under the updated laws.

5. Child Custody & Child Support: How It’s Decided

If you and your spouse have children, Canadian courts will determine:

🔹 Legal Custody → Who makes major decisions for the child (education, healthcare, religion, etc.).
🔹 Physical Custody → Where the child lives most of the time.
🔹 Child Support Payments → Based on income, number of children, and time spent with each parent.

🔹 Unsure what to expect? A family lawyer can help ensure you and your children’s best interests are protected. Find a custody lawyer through Lawggle.

6. Property & Debt Division: Who Gets What?

In Canada, dividing assets during a divorce follows specific rules depending on whether you’re legally married or common-law partners.

🔹 Married Couples → Assets & debts are split 50/50 unless a pre-nuptial agreement states otherwise.
🔹 Common-Law Couples → Property is not automatically split unless it was jointly owned.

Protect Your Assets: A divorce lawyer can ensure a fair division of property & financial assets. Connect with a legal expert through Lawggle.

7. Final Thoughts: Is Divorce in Canada Right for You?

Divorce is a life-changing decision, and understanding the legal process is crucial to protecting yourself. Whether you’re dealing with child custody, financial concerns, or property division, knowing your rights ensures a fair outcome.

Divorce laws in Canada can be complex, and every case is unique. With Lawggle, you can connect with experienced family lawyers near you—quickly and easily.

Find a trusted divorce lawyer today. Get started here.