Absolutely, open and honest communication is key in any husband-wife dispute.  If you’re feeling a lack of compatibility or suffocation in the relationship, approaching your spouse in a calm and compassionate way can make a big difference. Honest conversations like these, approached with mutual respect, can often lead to meaningful changes, whether that’s through better communication, adjusting expectations, or even deciding if a different path might be healthiest for both of you.  

Constant unhappiness, stress, disrespect, and persistent arguments are signals that something isn’t right in the relationship. While every relationship has its ups and downs, a consistent pattern of negativity can be harmful for both partners’ mental and emotional health. Acknowledging when things aren’t as they should be is a courageous step, and addressing it proactively can pave the way to a healthier, more fulfilling relationship—whether it’s through healing together or finding peace separately.  Discuss with your lawyer all the financial complications, division of assets, support and rights arising out of separation. Discussing these aspects with a lawyer is critical when navigating a separation, as the financial and legal implications can be complex. A lawyer can help clarify rights and obligations, provide guidance on fair asset division, and ensure you’re fully informed about the support structures available to you. Talking through the various aspects of divorce with your lawyer is essential to navigating this often complicated process. 

Divorce in Ontario – No Matter Where You Married or Where Your Spouse Lives

✅ Married abroad?
 If you were married in another country but now live in Ontario, you can still get divorced here. We’ll guide you through the process and handle the cross-border legal issues.

✅ Spouse in another province or country?
 Distance doesn’t have to stop your divorce. Whether your spouse lives in another Canadian province or overseas, we know how to properly serve documents and move your case forward in Ontario.

✅ Facing abuse or cruelty?
 If your spouse is harassing you, abusing you, or treating you with cruelty — physically, emotionally, or mentally — you don’t have to stay trapped. Ontario law protects you, and we can help you file for divorce and seek the relief you deserve.

⚖️ At Chohan & Chatha LLP, we focus on practical solutions in complex divorce cases — from international service of documents to protection against abusive spouses.

📞 Contact us today for a confidential consultation and take the first step toward your freedom and peace of mind.

Each client’s situation is unique, and we take the time to fully understand the specific details of your case, recognizing that no two cases are the same. We carefully analyze the law as it applies to your personal circumstances and work with you to craft a strategy tailored to your goals and needs. Our primary focus is always to achieve the best possible outcome, and whenever possible, we explore all reasonable options for a negotiated settlement. This approach often leads to quicker, more amicable solutions that help reduce the stress and emotional toll on you and your family.

However, we know that not all cases can be resolved through negotiation. In those instances, you can trust that we will stand by your side with the experience and expertise necessary to advocate for you in contested litigation. Our team has a proven track record of effectively representing clients in court, and we approach each case with the preparation, tenacity, and dedication needed to fight for your rights and interests.

At Chohan & Chatha LLP, we believe that the legal process should not add to the burden you’re already carrying. That’s why we are here to make it as smooth and stress-free as possible, giving you the confidence and clarity to move forward. Whether through settlement or litigation, we are committed to delivering results that not only meet your expectations but exceed them. Your well-being is our priority, and we will work tirelessly to ensure that your voice is heard and your concerns are addressed.

❓ Frequently Asked Questions About Divorce in Ontario

1. Can I get a divorce without my spouse’s consent?

Yes. In Canada, you do not need your spouse’s consent to get divorced. If one partner applies, the court can still grant a divorce, as long as you prove the marriage has broken down.

👉 “Tuhada jeevan saathi razi na hove, phir v tusi divorce le sakde ho.”
(Even if your spouse doesn’t agree, you can still get a divorce.)

2. What if my spouse is living in India (or another country)?

You can still apply for divorce in Ontario if you or your spouse has lived here for at least one year before filing. Your spouse will need to be officially notified (served) in India, but the process can continue even if they live abroad.

3. How long does a divorce take?

• Uncontested divorce: usually 3 to 6 months.

• Contested divorce: can take a year or more, depending on court schedules and complexity.

👉 “Je dono agree kar lainde, taan divorce 6 mahine vich ho janda hai.”
(If both agree, the divorce can be done in about 6 months.)

4. Do I need to be separated for one year?

Yes, in most cases. The only exceptions are if you can prove adultery or cruelty, but those cases are harder to prove and take longer. Most people simply live separate and apart for one year and then file.

5. Will the divorce automatically divide property or settle custody?

No. Divorce itself only ends the marriage. Issues like property division, child custody, and support must be resolved separately, either through an agreement or by the court.

6. Can I remarry right after divorce?

No. You must wait 31 days after the divorce order is granted before you can remarry.

7. How much does a divorce cost?

• Uncontested divorce: usually lower cost (you mainly pay court fees and legal fees for paperwork).

• Contested divorce: can be much more expensive because of multiple court appearances and disputes.

8. Do I need to hire a lawyer?

Legally, you can file on your own — but family law is complex. A lawyer helps ensure your rights are protected, especially with property, custody, or support.

👉 “Vakil hon naal tusi apne haq di surakhya kar sakde ho.”
(With a lawyer, you can protect your rights.)

Annulment or Declaration of Nullity

In Ontario, if one spouse was already legally married to another person at the time of the second marriage, then the second marriage is void ab initio (i.e., never legally valid in the first place due to the existing subsisting marriage). In this case, you do not need a divorce — you need a court declaration that the marriage is invalid, commonly referred to as an annulment or declaration of nullity.

✅ TYPE OF APPLICATION:

You must file a Form 14A Application (General) under Rule 14 of the Family Law Rules, seeking:

Declaratory relief that the marriage is void due to lack of capacity (i.e., one party was already married at the time of this marriage, contravening s. 6 of the Marriage Act, RSO 1990, c M.3).

📝 GROUNDS FOR ANNULMENT:

Under Ontario law, the relevant grounds include:

1. Bigamy – where one spouse was already married and the earlier marriage had not been legally dissolved (Marriage Act, s. 6).

2. The marriage is void at common law — it never existed legally.

3. No need to show a breakdown of the relationship (unlike divorce).
   
   

📄 DOCUMENTS TO FILE:

1. Form 14A: Application (General)
   
   

2. Affidavit (Form 14A Affidavit) – outline facts:
   
   

   • Date and place of marriage.

   • Proof that the other spouse was still legally married at the time.

   • Whether the applicant cohabited after discovering the bigamy (this could affect equitable relief).
     
     

3. Marriage Certificate (if available).

4. Proof of the previous subsisting marriage of the respondent.

5. Draft Order – seeking declaration that the marriage is void.

If the client knew about the previous marriage and still went through with the second marriage (or continued to live with the spouse after finding out), the legal status in Ontario is still that the second marriage is void ab initio — because capacity to marry is an objective legal requirement, not something a spouse can “consent” to waive.

In other words:

• A bigamous marriage is always invalid, regardless of whether the other party knew or didn’t know about it.

• No amount of cohabitation after learning the truth can “cure” the lack of capacity — because the capacity must exist at the time of the ceremony.

📜 Legal Reasoning

1. Marriage Act, s. 6:
   “No person shall marry another person if they are already married…”
   This is a statutory prohibition — consent of the second spouse is irrelevant.

2. Common Law:
   Bigamous marriages are treated as nullities from inception. This is different from voidable marriages (e.g., non-consummation), which require timely annulment before ratification.

⚖️ Practical Consequences:

• Yes, the client can later seek annulment (declaration of nullity) at any time — there’s no limitation period for void marriages.

• However, property and support rights may still arise under:
  
  

  • Family Law Act, Part III (spousal support based on cohabitation).
    
    

  • Unjust enrichment / constructive trust claims.
    
    

  • Partnership-style remedies if the relationship was long-term.
    
    

So, while the marriage itself is a legal nullity, Ontario courts can still grant economic remedies to a spouse in a void marriage if they lived together in a marriage-like relationship.

💡 Example:

If a client cohabited for 10 years with a bigamous spouse, they could still:

• Get a spousal support order under s. 29 of the Family Law Act (based on being “spouses” through cohabitation).

• Make an equalization-type claim through trust principles.

• But they would not need a divorce — they’d get a declaration of nullity.

Family Law List of Cases Ontario

https://www.ontariocourts.ca/scj/practice/practice-directions/list/