About Settlement

What are the residency requirements for permanent residents?
What are the requirements for becoming a Canadian citizen?
What is the Ontario Health Insurance Plan (OHIP)?
Understanding Health Care in Ontario
Understanding Tax System in Canada
Getting to Know about Free English Courses
Understanding Education System in Ontario
Understanding Senior Benefits
Understanding Employment Insurance in Ontario
Understanding Child Benefits

About Family

I can no longer endure my spouse’s violence and want to leave. Is there a safe place I can take my child?

Yes. You can contact the following organizations for help finding a shelter for victims of domestic violence:

  • The Assaulted Women’s Helpline
    Toll-free: 1-866-863-0511
    Toronto area: 416-863-0511
  • City of Toronto’s Central Intake Line
    416-338-4766 or 1-877-338-3398, or call 311
  • Sheltersafe (National Shelter Search Tool)
    www.sheltersafe.ca/ontario
What are the requirements for getting a divorce in Ontario?
  • Divorce is the legal process of ending a marriage. You must provide proof of your marriage
    • If you were married in Canada: Submit the marriage certificate issued by the province
    • If you were married outside of Canada (e.g., Korea): Submit a translated and notarized copy of your marriage certificate
  • You or your spouse must have lived in Ontario for at least one year before filing for divorce. Immigration status does not affect eligibility
  • In most cases, you must be separated for at least one year before applying for divorce. However, if there is domestic violence or adultery, you may apply without a one-year separation. Even in such cases, the legal process may still take more than a year, so separation is the most common basis for filing
Do I need a specific reason to get divorced in Canada?
  • Canada follows a No-Fault Divorce system. This means you do not need to prove fault, unlike in countries like Korea that follow a fault-based divorce system
  • You only need to show that the marriage has broken down irreparably. This is usually demonstrated by living separately for at least one year
What does separation mean in Canada?
  • Separation means the marital relationship has broken down irretrievably. You do not need to live in separate homes. It is possible to be separated while living under the same roof
  • On the other hand, if your spouse lives overseas (e.g., in Korea), but you remain in contact and provide financial support, the relationship may still be considered ongoing and not separated under Canadian family law
  • In Canada, separation carries serious legal meaning. From the date of separation, you can begin legal proceedings related to child-related matters, spousal support and division of property
  • A change in marital status to ‘separated’ can impact several areas, including income tax, immigration status, pension eligibility, and access to government benefits
I got married in Korea. Do I need to get divorced in Korea, too?
  • No. If you have lived in Ontario for at least one year and have been separated for one year, you can apply for divorce in Ontario regardless of where you were married
I got divorced in Canada. Do I need to get divorced again in Korea?
  • No. You only need to get divorced once
  • If you were divorced in Korea and need to prove it in Canada, submit a translated and notarized copy of your Korean divorce order or relations certificate
  • If you were divorced in Canada, you can use your Divorce Order and Divorce Certificate as legal proof of divorce
  • If you are a Korean citizen and need to report your Canadian divorce to the Korean government, please contact the Consulate General of Korea in Toronto for instructions
I have children and am getting a divorce. What should I consider?
  • If you have minor children, you must submit a parenting plan to the family court when filing for divorce
  • Canadian family law focuses on ‘the best interests of the child’, not the convenience or preferences of the parents
  • Decision-Making Responsibilities (previously called custody): This refers to making major decisions about the child’s life, including education, medical care, religion, and name change
    • One parent decides: Sole custody
    • Both parents decide together: Joint custody
  • Parenting Time: This refers to how much time the child spends with each parent. The plan should reflect the child’s age, development, and specific circumstances
  • Child support is a legal obligation of both parents and a right of the child. Even if both parents agree to waive child support, the court may not accept this
  • There are two main types of child support:
    • Table Amount: Covers basic living expenses such as food, clothing, and housing
    • Extraordinary Expenses: Covers additional costs such as medical care, education, or extracurricular activities
  • Table amounts are calculated based on the Ontario Child Support Guidelines, using the parent’s income and the number of children. Extraordinary expenses are determined based on parental income and the specific needs of the child
  • You can estimate your child support payment using the government’s calculator:
    2017 Child Support Table Look-up
Where can I get free legal advice?

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