17 questions we are asked most often, answered under Ontario and Canadian law. General information only — not legal advice.
Where does a Sarnia divorce get filed?+
At the Superior Court of Justice — filings are electronic, and most uncontested divorces are granted on the paperwork with no attendance required.
Do we both need lawyers if we agree?+
One office cannot act for both spouses. For agreements, each spouse needs independent legal advice — that is what makes the agreement durable.
What will my divorce cost?+
First 15 minutes free, then $199 per half-hour; uncontested divorces and separation agreements are quoted flat at the consultation so you know the total before starting.
How long does a divorce take in Ontario?+
For an uncontested divorce, expect several months from filing to the order, depending on the court location and on whether service went smoothly. The divorce then takes effect on the thirty-first day after the order, and the Certificate of Divorce issues after that. Contested divorces run on the timeline of the disputed issues, not on the divorce itself.
Do I have to go to court for an uncontested divorce?+
Almost never. Uncontested and joint divorces are decided by a judge on the written record, filed electronically, with no attendance by either spouse. You would only attend if something on the file required explanation or if the matter became contested.
Can I get divorced if I cannot find my spouse?+
Yes, but you must satisfy the court that you made genuine efforts to locate and serve them. Where those efforts fail, the court can order substituted service — for example, service on a relative or by another practical method — or dispense with service entirely. Document every attempt you make, because that record is the evidence the court needs.
Does it matter who files for divorce first?+
Legally, almost never. Ontario is no-fault for financial purposes, so being the applicant rather than the respondent does not improve your position on equalization, support or parenting. Filing first can occasionally matter for practical reasons such as choosing the court location, but it is not a strategic advantage in itself.
Do we each need our own lawyer?+
One law office cannot act for both spouses — the conflict rules under the Law Society of Ontario's professional conduct requirements prohibit it. For a joint divorce where everything is already agreed, each spouse should still obtain independent legal advice on the separation agreement. That independent advice is precisely what makes the agreement difficult to challenge later.
Can we be separated while still living in the same house?+
Yes. Ontario courts accept separation under one roof where spouses are genuinely living separate lives — separate sleeping arrangements, separate finances, no shared social life as a couple, and no sexual relationship. The court looks at the substance of the arrangement, and it is helpful to be able to point to a clear date when things changed.
Will adultery get me a faster or better divorce?+
It avoids the one-year separation wait, but it has to be proven and it does not improve your financial position. Equalization, child support and spousal support are decided without regard to who caused the breakdown. In most files, pleading adultery adds cost and conflict for no measurable benefit.
When can I remarry after a Sarnia divorce?+
Once the divorce takes effect on the thirty-first day after the order and you can produce the Certificate of Divorce. Ontario marriage licence offices will ask for that certificate, so anyone with a wedding date should plan backwards from it rather than from the date the order was signed.
What is the difference between separation and divorce?+
Separation is a fact — you begin living separate lives, and that date drives property valuation and support. Divorce is a court order that ends the marriage itself. Many people resolve everything financially through a separation agreement and only obtain the divorce later, which is perfectly normal, though the limitation periods on property claims are a reason not to leave it indefinitely.
Do I lose my immigration status if I divorce?+
Permanent residence is not automatically lost because a marriage ends. Where the permanent residence was obtained through spousal sponsorship, the sponsor's undertaking generally continues for its full term even after separation. If the relationship broke down while an application was still in process, or if there are misrepresentation concerns, that needs immigration advice alongside the family advice — and we handle both in one office.
What is a Certificate of Divorce and do I need one?+
It is the court document confirming that your divorce has taken effect. It is separate from the divorce order and is issued after the thirty-one day period runs. You will need it to remarry in Ontario and often to update records or satisfy other institutions, so it is worth requesting rather than assuming the order is enough.
Can a divorce be finalized without dealing with property?+
Yes, and that is a real trap. A court can grant a divorce while property remains unresolved, but the divorce order starts a two-year limitation period for an equalization claim under the Family Law Act. Obtaining a divorce without addressing property can therefore quietly put your financial claims at risk.
Is my marriage from another country recognized in Canada?+
Generally yes, if the marriage was validly created under the law of the place where it happened. The Ontario court will want the marriage certificate, and a certified translation where it is not in English or French. Where the validity of the marriage is genuinely in doubt, that becomes a threshold issue to address before anything else.
What does a divorce cost with your office?+
The first 15 minutes are free, then $199 per half-hour for advice. Uncontested and joint divorces are quoted as a flat legal fee at the consultation, with government filing fees and disbursements itemized separately so you can see the whole number before deciding. Contested matters are quoted step by step.