When a married couple has been separated and apart for 1 year either side can apply for a divorce. This process can be started earlier than the 1 year waiting period, but a divorce cannot be granted until the parties have been separated for at least 1 year. Couples who separate can arrange their affairs with the creation of either a temporary or final separation agreement. This is ideal as separation agreements save money, stress and time (the consequences of litigation). They can be filed with a court of law in Ontario.
When parties do not have any children, support or property issues, or, if those matters have already been dealt with pursuant to a separation agreement, then an uncontested divorce can be pursued. Regardless of whether children are involved or not, divorce is one of the messiest and most emotional areas of law and it is highly recommended to consult with counsel should you find yourself in a marital breakdown heading towards divorce.