No-Fault Divorce – What It Means, and How it Works

If you’re considering ending your marriage in Canada, you’ve likely come across the term “no-fault divorce.” But what does it really mean—and how does it work? Understanding the legal process can help you feel more confident as you take steps toward a new chapter in life.

What Is a No-Fault Divorce?

Under the Canadian federal Divorce Act, all divorces are considered no-fault. That means you can still get a divorce even if neither you nor your spouse did anything wrong during the marriage – such as cheating or abuse.

Instead, you simply need to show that your marriage has broken down. According to the law, there are three legally recognized grounds for a marriage breakdown, two of which are fault-based, and one which is no-fault.  They are:

• Living separate and apart for at least one year (which is the most common no-fault ground);
• Adultery (fault-based); or
• Cruelty (fault-based).

While adultery and cruelty are technically still recognized by law, the vast majority of Canadians file under the no-fault ground—meaning simply being separated for at least one year. This avoids the cost, stress, and delays of proving blame in court.

No-Fault vs. Fault-Based Divorce

Here’s a quick comparison of how no-fault divorce differs from fault-based divorce in Canada:

No-Fault Divorce	Fault-Based Divorce
The most commonly-used option	Rarely used
Based on living separately for one year	Based on proven misconduct (adultery or cruelty)
Simpler, less adversarial process	Requires evidence and court hearings
Focuses on moving forward, not placing blame	Focuses on past conduct

 

Important Note: In Canada, even if you file under one of the fault-based grounds such as adultery or cruelty, it won’t affect a court’s decisions about spousal support entitlements, property division, or parenting time. Instead, the courts focus on fair outcomes—not on punishing bad behaviour.

Step-by-Step Guide to Filing a No-Fault Divorce in Canada

Here’s how the no-fault divorce process typically unfolds:

Step 1: Live “Separate and Apart”

As mentioned, to file for a no-fault divorce, you and your spouse must have lived “separate and apart” for at least one full year. But this doesn’t always mean living in two separate homes—courts understand that some couples can’t afford to live apart physically. You may still be considered legally separated if:

• You live in the same home but lead separate lives (e.g., no longer share meals, bedrooms, or social activities);
• You’ve told your spouse the relationship is over and have taken steps to separate financially and emotionally.

If you reconcile for a short period (under 90 days), the clock doesn’t reset—you can still rely on the original date of separation, provided the reconciliation did not last.

Step 2: Gather Necessary Documents

Before filing, you’ll need:

• Your marriage certificate (original or certified copy);
• Information about children (if any), including proposed parenting arrangements;
• Financial information, especially if you are claiming support or seeking property division.

If you were married outside Canada, you can still divorce in this country as long as at least one of you has lived in a Canadian province or territory for at least one year before applying.

Step 3: Choose the Right Type of Divorce

There are three main types of divorce applications:

• Joint Divorce – you and your spouse both apply together, and you agree on all terms;
• Uncontested Divorce – one of your applies for divorce, and while the other does not technically voice their agreement, they also do not formally object;
• Contested Divorce – you and your spouse disagree on terms like support, parenting, or property, and require the court’s assistance to resolve the matter.

No-fault divorce works in all of these cases, but the joint or uncontested route towards divorce will move more smoothly.

Step 4: File the Application with the Court

The next step is to complete and file the necessary court forms. These may vary slightly depending on your province or territory, but in Ontario they generally include:

• The divorce application;
• Financial statements that have been completed by each of you;
• Parenting plans (if children are involved).

Your forms are filed with the Ontario Superior Court, and filing fees will apply (currently about $600).

Step 5: Serve Your Spouse

Except where you and your spouse have filed for divorce jointly, you will have to “serve” him or her with the court documents.  This means giving them a copy using a formal method, such as a process server or registered mail. You must then file proof with the court.

Step 6: Wait for the Court’s Decision

The court will then review your application and confirm that:

• The one-year separation has passed,
• Appropriate arrangements have been made for any children, and
• All paperwork is in order.

Only then, a judge will issue a Divorce Order. Your divorce becomes final 31 days later, at which point you can request a Certificate of Divorce.

Final Thoughts

No-fault divorce helps simplify what is often a difficult emotional process. It removes blame from the equation and encourages a focus on practical outcomes—which is especially important when children or financial support are involved.

If you’re thinking about divorce, consider consulting our Toronto family and divorce firm. Even in a no-fault divorce, getting the legal details right—like dividing property, arranging parenting time, and understanding support obligations—can make all the difference.