Legal Matters

When a marriage fails, the journey through divorce can feel like a storm

“Divorce gave us both a chance to breathe again.”

Photographer: Steve PB

For many in Ontario’s Caribbean diaspora, marriage is more than a union, it’s a bond rooted in faith, tradition, and family legacy. That is why when it breaks, the journey through divorce can feel like a storm. When I walked out of the courtroom, I knew two things: I would leave him, and I would dedicate myself to understanding family law. He wanted to take: my home, my children, and my sanity, but I learned quickly, divorce is not like marriage. It’s longer, harder, and far more costly.

In Ontario, divorce is governed federally under the Divorce Act. Only married couples can get divorced. Issues such as: child custody, parenting time, and support are handled under provincial family law. This distinction is important for Caribbean families, many of whom live in multi-generational households where both finances and childcare are shared widely.

To file for divorce, at least one spouse must live in Ontario for a year. The most common ground is living “separate and apart” for at least 12 months, though adultery and cruelty are also valid reasons.

For couples who agree on property, custody, and support, the divorce is uncontested and can be finalized in about four to six months. “A simple uncontested divorce (if everything is in agreement) takes four to six months in our experience,” says Shaikh Law Firm in Toronto.

If spouses disagree (on children, money, or property) it becomes contested. That process may last a year, or longer, involving multiple court dates, financial disclosures, and possibly even trial. Alves Law, another Ontario firm, notes: “Complexity of assets, children, parenting, and spousal support all multiply both cost and time. In many contested cases, it’s not unusual for things to drag past a year.”

In Caribbean households, divorce can carry cultural stigma. Families often urge couples to “Work it out,” because marriage is sacred, but staying in a toxic relationship can harm everyone, especially children.

Getting married is quick: a licence, an officiant, a celebration. Divorce, however, demands patience and resilience. Even if uncontested, you must file paperwork, pay fees, and wait several months. Contested divorces may take years, cost tens of thousands, and weigh heavily on mental health.

As Feldstein Family Law Group explains: “Alternatives to court such as mediation, or collaborative law are not just idealistic. They can be a lifeline to reduce animosity and expense.”

Court fees are just the beginning. Filing costs are about $632 in Ontario, spread across stages, but legal fees: lawyers, mediators, and sometimes financial, or parenting experts, can raise the bill to anywhere between $15,000 and $50,000 in contested cases.

For Caribbean families, many of whom send remittances abroad, or support extended relatives, these costs are especially heavy. Divorce is not just the end of a marriage, it’s often a financial reset.

Ways to ease the burden

  • Try mediation first. A family mediator can help couples settle issues before filing, saving both money and stress.
  • Be organized. Collect tax returns, bank statements, and property documents early to cut legal hours.
  • Focus on essentials. Avoid endless court motions over small matters; concentrate on custody, support, and property.
  • Consider unbundled legal services. Some lawyers will handle only specific parts of the process, reducing costs.

While divorce may feel like the end, many in the Caribbean community are beginning to see it differently. It can be a chance to rebuild, to find independence, and to create healthier homes for children.

One Jamaican-Canadian father put it this way, “In my culture, we are taught marriage is forever, but I realized peace in the home is more important than staying just for tradition. Divorce gave us both a chance to breathe again.”

For Ontario’s Caribbean diaspora, divorce is not just a legal process, it’s a cultural and emotional journey. Yes, it is costly, yes, it is slow, but it is also survivable. By seeking mediation, leaning on community support, and knowing the law, families can move through the storm toward calmer waters.

Say “I do” again, not to a marriage, but to peace, dignity, and a new beginning.

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