Navigating the Divorce Process
Maggie Horsburgh • January 16, 2023

It’s not something you think about until it’s happening to you. When a marriage breaks down, it can be a confusing and stressful time. There are many things to consider, especially when children are involved. Where do you start?


I’ve been divorced twice and both experiences were very different. I had to navigate uncharted waters in both. The divorce process is different for everybody so when someone asks me where to start, it’s not always a cut-and-dried answer. While I certainly don’t know all the answers, I will cover some common steps to help you get started.


Let me preface this by saying I’m not a lawyer and you should always
consult a legal professional for advice on your situation.


Grounds.
One of the first things to understand is Canada has “no-fault” divorce and the only grounds for divorce is marriage breakdown. To show your marriage has broken down you only need to show ONE of the following:


  • you’ve been living apart for at least 1 year
  • there was mental or physical cruelty
  • your spouse had an affair


It’s important to note that for the latter two, you must provide proof. Therefore, you should speak to a family law attorney as soon as possible.


Separation.
This is typically the first step in the process of getting a divorce. Cruelty or adultery are more complex and won’t be covered in this post as it is best to consult a lawyer.


Being separated doesn’t necessarily mean you have to live in separate residences. In today’s real estate market especially, this isn’t always possible. You just need to show you are living separate lives. A family law lawyer can advise you on what factors may be considered to show you are separated.


In deciding to separate, there are a few things you will need to determine from a legal standpoint so it’s important to start thinking about them sooner rather than later.


  • Children - custody, parenting time and child support all need to be considered.
  • Property and assets - how you will deal with the matrimonial home and divide other assets.
  • Spousal support - are you entitled to support and if so, how much and for how long?


Separation agreement.
Working out the above will help you formalize a separation agreement. I’ve discussed the importance of this agreement in previous posts and how it is critical to helping you move on.


You don’t need to agree on everything before making a separation agreement and you can change it at any time. It will make the entire process smoother and is much easier and cheaper than leaving it up to the courts to decide.


You can create a separation agreement without a lawyer; however, I do recommend consulting a family law lawyer to ensure you understand your rights and responsibilities.


Mediation/Court
. Sometimes you simply can’t agree or one spouse refuses to cooperate. In these situations, you may need other means to get to a resolution.


If you can stay out of court, you are better off. If you go to court, it is not only more stressful and more expensive, but you are leaving the outcome to a judge who gets to see a 15-minute snapshot of your life – they may or may not be sympathetic to your situation. While avoiding court might not always be possible, there are other options for resolving disputes:


  • Collaborative family law - if possible, use lawyers that practice collaborative law. They will work together to resolve your issues and reach an agreement out of court. They also typically work with other collaborative professionals such as financial planners and child specialists to help resolve different aspects of your situation.
  • Mediation or Arbitration - a mediator is a neutral third party who can help to work out an agreement between the both of you but will not make a decision for you, nor force you to come to an agreement. An arbitrator is similar, but they will decide how your issues will be resolved if you cannot come to an agreement.


Divorce.
The final step in all of this is applying to the court for divorce. This is not the same as going to court to resolve issues, it is simply the legal step to being declared divorced. You will need to complete a divorce application. If your divorce is uncontested (i.e. you both have agreed to the terms), you only need to file one application. If it is contested (i.e. you don’t agree), you will each need to file a separate application.


Divorce applications are filed to a court in the province you reside in along with a fee. A judge will review your application and if everything is in order, will grant you a divorce. Once you have a Divorce Order you must wait 30 days before you can obtain an official Certificate of Divorce. You will then be legally divorced.


This is just a very simple view of a very complex process; however, I hope this helps you as you embark on your own journey of divorce.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.

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Man reading a book on a couch in a bright living room while another person uses a laptop in the background
By Maggie Horsburgh June 25, 2026
I remember sitting in my parents' living room, watching them go about an ordinary Sunday afternoon. My mother puttering in the kitchen. My father flipping through his horse magazines. They weren't unhappy. There was a certain comfort in the life they had built together, a familiar rhythm shaped by decades of shared history. They had become experts at coexistence. The sharp edges had softened with time, but so too had some of the wonder. They moved around one another with the ease of people who knew each other's habits by heart, yet I sensed a quiet distance between them. Not conflict. Not loneliness. Just an absence of curiosity, anticipation, or connection. Life seemed less like an adventure they were experiencing together and more like a routine they had mastered. And as I sat there watching them, a question settled heavily in my chest: Is this it? Is this what we're working toward? We fall in love, get married, raise our children, build careers, pay the bills, save for retirement, and then one day find ourselves sitting across from the person we've spent a lifetime with. If the children are gone, the careers are winding down, and the responsibilities have eased, what remains? Is the goal simply to endure together? Or is there meant to be something more? The question felt disloyal at the time, maybe even selfish. After all, wasn't this exactly what my parents had worked so hard to build? But once it appeared, I couldn't shake it. That question stayed with me for years. It turns out I wasn't the only one asking it. That uncomfortable question is driving a shift in family life right now. Across North America, more couples over fifty are choosing to end long-term marriages - a phenomenon researchers call grey divorce . Its rise has forced us to rethink some long-held assumptions about marriage, aging, and what we want from the second half of life. And if you're in that season of life, there's a good chance you know at least one couple it has touched. Maybe it's touched you. For many people, the children leaving home doesn't just create empty bedrooms. It creates space to finally look at life itself. Without the distractions, responsibilities, and busyness that once held everything together, some couples find themselves facing a difficult truth: they no longer recognize the life they've built or the person sitting across from them. We're Not Who We Were at 25 Here's the thing nobody says at the wedding: people change. A lot. The person you married at 27 may be almost unrecognizable at 60, and so might you. That's not a failure. That's just life doing what life does. Many grey divorces aren't dramatic. There's no affair, no blow-up moment, no single villain. It's more of a slow drift. Two people who built a life around kids, careers, and keeping the wheels turning suddenly find themselves across the breakfast table with nothing left to manage. Realizing they don't actually know each other all that well anymore. Or worse, they know each other perfectly, and that's the problem. Retirement Breaks Things Retirement was supposed to be the reward. The destination. You grind for 35 years, you get the gold watch, and then life begins. Nobody warned us that "life beginning" requires actually knowing what kind of life you want. Particularly for men, work is identity. Its structure, purpose, status, and social life all rolled into one. When it disappears, the vacuum can be enormous. Some guys handle it beautifully and discover themselves. A lot don't. And instead of confronting that loss of purpose, it gets directed at the marriage. Suddenly, couples who used to co-exist comfortably around busy schedules are home together 24 hours a day. Routines that held a marriage together evaporate. Tension shows up in places it never did before. I've seen perfectly decent couples unravel in the first year of retirement because they had no idea who they were to each other outside of the logistics of running a family. The Unfulfilled Dream Factor This part gets me every time. I've watched many people spend their best years waiting. Waiting until the kids are grown. Waiting until retirement. Waiting until then . And then "then" arrives and there isn't enough of it left. My mother may have had a list. Things she wanted to do, places she wanted to go, parts of herself she planned to explore "someday." I imagine if she had a list, she secretly kept it on a notepad in her bedside drawer. Maybe it existed only in her mind. If there were a list of things, I don’t know if she ever did them. That haunts me more than I'd like to admit, and I think it's part of why I can't judge anyone who, at 65 or 75 or even older, decides they're done waiting. I once worked with a couple in their early 80s who were separating after 60 years of marriage. Everyone around them was shocked. I wasn't. I could see that she had one chapter left, and she was not going to spend it the same way she'd spent the rest. What struck me wasn't the separation. It was the fact that she still had dreams. I was relieved that she still had dreams. The House in the Middle Okay, here's where I put on my real estate hat, because this is where things get genuinely complicated. In Ontario, the matrimonial home is treated as a joint asset, full stop. It doesn't matter whose name is on the deed, who paid the mortgage, or how long you've lived there. It's split equally. And that's just the house. Pensions, RRSPs, investments accumulated during the marriage — all of it goes into the pot. When you add legal fees into the mix, something shifts quickly. A couple who once had a comfortable retirement plan can suddenly find themselves as two individuals trying to build separate lives on what used to support one household. The financial reality of that change is often more significant than people expect. And perhaps what makes it even more complex is timing. There is no long runway to recover. Divorce in your 30s is painful, but there are decades of earning ahead. Divorce at 65 or 70 means rebuilding on whatever time is left, with far less room for adjustment. There's also the inheritance piece, and it's awkward but worth stating: when one or both spouses move on to new relationships, estate planning gets complicated fast. Kids who thought they understood what was coming can find themselves blindsided. That resentment is real, and it's worth thinking through early. These are not abstract financial structures. They are lived realities inside families. My husband likes to describe his work in his seventies as “laying fresh pavement” every day because the runway, as he puts it, technically ended, and he is simply extending it as he goes. I think about that often when I look at this stage of life and these kinds of transitions. Some people are still building. Some are beginning again. And some are doing both at the same time. That’s what makes this stage of life so complex. Not just emotionally, but structurally, practically, financially. Everything matters more because there is less time to absorb the impact. You Have More Options Than You Think When it comes to the family home, couples have real choices. Sell and split. One spouse buys the other out. There are creative arrangements that work when both parties approach the situation practically rather than emotionally… though I won't pretend that's easy when you're grieving a 40-year marriage at the same time. What matters most is getting the right people around you early. A family lawyer who understands late-life divorce. A financial planner who can show you what both paths actually look like. And a Realtor who has seen this before and won't treat your home like just another listing. Because it isn't. Grey divorce is often hard. It can be expensive and emotional, and for many people, it reshapes what they thought their future would look like. But it can also be the beginning of something you never allowed yourself to consider before. With eyes open, good advice, and honest support, some people find their way into a life they hadn’t yet imagined. What that life looks like depends on what people are willing to imagine next.
Leaky chrome faucet dripping water against a warm yellow background
By Maggie Horsburgh May 4, 2026
If you’ve just separated and you’re staring down a house that needs work… whether you’re preparing to sell or settling in for the long haul, this is one of the parts nobody prepares you for.