Process

• If one or both parties wish for a divorce, the first step should be to consult an attorney that specializes in the divorce laws of Ontario. The individuals can then be properly advised as to their legal rights, and in some cases, they lawyer can help the parties decide on matters such as child care and property division. If a spouse cannot afford an attorney, he or she might be eligible for legal aid (see References).
  
  

Division of Family Property

• In Ontario, assets are divided equally between spouses based on the value of net family property. This involves each spouse deducting the value of their liabilities from the value of their assets at the time of separation, then from that figure deducting the value of assets at the date of marriage, then adding the value of the liabilities from the same date. Items such as insurance proceeds and personal injury awards might also be deductible. The spouse with the larger net property then must pay the other spouse the amount that is necessary to make the net property values equal.
  
  

Residence

• The marital home will be split evenly between the two parties, even if only one spouse is the actual owner of the property. Consequently, one spouse can still be entitled to live in the home with the other spouse for a certain time period, such as when the couple's children reach a certain age.
  
  

Child Custody

• In Ontario, custody of children after a divorce can either be sole, joint or temporary, depending on the ruling of the court. Under sole custody, one parent has custody of the children for the majority of the time and is responsible for making all decisions regarding their welfare. In a joint arrangement, custody and decision-making are split, and in a temporary situation, the children live with one parent until a more permanent custody arrangement is agreed upon. One spouse might be required to pay the other spouse child support, with the amount determined by the income of the spouses and the number of children involved.
  
  

Settling Out of Court

• Rather than going through a lengthy, emotional and expensive divorce procedure, some couples agree to settle their divorce without going to court. One process is mediation, where a neutral third party helps the couple reach an agreement on issues like property division and child custody. In arbitration, a third party makes the final decisions that both parties are legally bound to follow. In collaborative family law, the lawyers, with input from the couples, agree to negotiate in a civil fashion until a final settlement is attained.