To get a divorce in Canada you first must be eligible to get a divorce. You can apply for a divorce if:
There may be an exception to the residency requirement if both you and your spouse live outside Canada and you live in a country that does not recognize your Canadian marriage.
Second, you must show that your marriage has broken down. A marriage is broken if:
If you are asking for a divorce because of adultery or physical or mental cruelty against you, you will have to prove what happened.
To start the divorce process, you must:
Within every divorce there can be disputes involving family equalization, division of property, spousal or child support, and custody matters that need to be negotiated or adjudicated.
If you are not legally married, divorce law does not apply to you. Instead the term used is "separation". When you separate, you and your spouse live apart and do not intend to live together again. In these circumstances a "separation agreement" can be negotiated and arrangements regarding child custody, access and support under Ontario laws can be made.
Before starting a divorce or drafting a separation agreement, it is recommended that you seek legal advice from a lawyer who can explain how the law applies to your case and how you can protect your rights.