Divorce Lawyer in Mississauga

Ending a marriage is one of the hardest decisions a person can make. The legal steps don’t have to add to the stress. The divorce lawyers in our family law practice guide Mississauga families through every stage, from a straightforward uncontested divorce to complex disputes over children, support and property. We offer service in English and Arabic, and we understand the cultural, religious and international issues many of our clients face.

Call 905-361-9791 or book a consultation.

Grounds for divorce in Canada

Under the federal Divorce Act, the only ground for divorce is breakdown of the marriage. You can prove it in one of three ways:

  • Separation for at least one year. This is by far the most common. You can start the application right away, but the divorce can’t be granted until you have lived separate and apart for a full year. Couples can be separated while living under the same roof.
  • Adultery by your spouse.
  • Physical or mental cruelty that makes continuing to live together intolerable.

At least one spouse must have lived in Ontario for a year before filing. Canada has no-fault divorce, so the reason for the breakdown does not generally affect parenting, support or property decisions.

Uncontested vs. contested divorce

Uncontested divorce Contested divorce
What it means Spouses agree on all issues, or only the divorce itself is being asked for Spouses disagree on parenting, support or property
How it proceeds Simple or joint application, usually decided on paper Court process with conferences and possibly a trial
Typical timeline Often 4 to 6 months after filing Can take a year or more
Our role Drafting the application, reviewing the separation agreement, filing Negotiation, mediation, court advocacy

Most divorces that start as contested settle before trial. Negotiating a comprehensive separation agreement first usually makes the divorce itself simple. See our Separation Lawyer page.

The divorce process in Peel Region

  1. Consultation. We review your situation, goals and urgent issues, such as parenting arrangements or who stays in the home.
  2. Financial disclosure. Both spouses exchange sworn financial statements (Form 13 or 13.1) with income tax returns and property details.
  3. Negotiation or mediation. Many families reach an agreement without going to court.
  4. Application. The divorce application is filed with the Superior Court of Justice in Brampton, which handles family cases for Mississauga.
  5. Mandatory Information Program. In contested cases, both parties attend a session about the court process and its effect on children.
  6. Case conference and settlement conference. A judge helps the parties narrow the issues and encourages settlement.
  7. Trial, only if the issues still can’t be resolved.
  8. Divorce order and certificate. The divorce takes effect 31 days after the order is made, and you can then obtain a Certificate of Divorce.

Issues we resolve in your divorce

  • Parenting. Decision-making responsibility and parenting time, now used in place of custody and access. See Child Custody Lawyer.
  • Child support, based on the Federal Child Support Guidelines. See Child Support Lawyer.
  • Spousal support, including entitlement, amount and duration. See Spousal Support Lawyer.
  • Property division. Equalization of net family property and the matrimonial home. See Property Division Lawyer.

Time limits apply. A claim for equalization of property must generally be started within two years of the divorce, or six years after separation, whichever comes first.

Cultural, religious and international divorces

Many of our clients were married abroad, have property or family overseas, or also need a religious divorce. We help with:

  • Marriages performed outside Canada. Foreign marriages are generally recognized here, and those couples can divorce in Ontario.
  • Religious and civil divorce. A religious divorce on its own does not end a marriage under Canadian law. You need a civil divorce order. The Divorce Act also gives the court tools where one spouse refuses to remove barriers to the other’s religious remarriage.
  • Marriage contracts, including a mahr. We review how Ontario law treats religious marriage contracts in property and support decisions.
  • Assets and children abroad. We address property in other countries and travel with children.
  • Documents in Arabic. We can work directly with Arabic-language documents and communicate with you in Arabic throughout.

Why choose Rashidy & Associates

  • Practical, cost-conscious advice, with court only when it’s needed.
  • English and Arabic service.
  • Family, criminal and immigration law in one firm, useful where family violence allegations or sponsorship issues arise.
  • Mississauga office close to the Brampton family court.
  • [Placeholder: named family lawyer and years of experience.]

Frequently asked questions

How long does a divorce take in Ontario?

An uncontested divorce is often processed four to six months after filing, once the one-year separation period has passed. Contested divorces can take a year or more depending on the issues.

Do I need a lawyer for an uncontested divorce?

You can file on your own. A lawyer makes sure the application is complete, your separation agreement protects you, and nothing important, like pensions or support, is overlooked.

Can we get divorced if we still live in the same house?

Yes. Spouses can be separated under the same roof if the relationship has ended. Evidence such as separate bedrooms, finances and social lives helps show separation.

We married overseas. Can we divorce in Mississauga?

Yes, if either spouse has lived in Ontario for at least one year before filing. You’ll need a copy of your marriage certificate, translated if it is not in English or French.

Does adultery affect property division or support in Ontario?

Generally no. Ontario’s property and support rules don’t punish misconduct. Adultery can be a ground for divorce, but it does not usually change the financial outcome.

Related services

  • Family Law
  • Separation Lawyer
  • Child Custody Lawyer
  • Spousal Support Lawyer
  • Article: Uncontested divorce in Mississauga
  • Article: What makes a marriage valid under Canadian law

Speak to a Mississauga divorce lawyer

Call 905-361-9791 or book a consultation in English or Arabic.


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