How to File for Divorce in Ontario
With statistics showing that roughly 38% of all marriages end in the divorce; Ontario is no exception for couples who have decided that the only option is to head to the divorce courts to legally end their marriage with or without an Ontario divorce lawyer.
Divorce without a lawyer in Ontario is perhaps most couples’ initial aim. You may both have the intention to save on costs and stress, but unless both parties are fair and reasonable this can turn into a foolish misadventure because only a loony would spend unnecessary loonies – right?! Well – wrong because the trouble is that high emotions and a personal view of what is wrong/right and what each party “deserves” can be way off the mark in terms of the legal and logical framework in which divorce and divorce settlements are processed. This means that warring couples often end up spending ridiculous and disproportionate amounts of money in relation to the marital assets involved; trying to get the other party to capitulate instead of working together to form negotiations of a peace treaty that will enable them to receive a realistically fair settlement and begin new lives apart.
Irrespective of the couple’s individual circumstances and their decision to play fair or fight dirty; there are several steps that must be followed by everyone when they want to file for divorce in Ontario.
Are you Eligible to file for Divorce in Canada?
Before you can file for Divorce in Canada you must ensure that you meet the basic eligibility criteria;
1. The parties must be legally married in Canada or abroad. They need to attach their marriage certificate. If you have lost your marriage certificate then you would need to speak to a lawyer to file necessary documents to establish marital status.
2. There is no possibility of reconciliation.
3. You or other party has been a resident of Ontario for at least one year at the time of filing divorce application.
Grounds of Divorce
With Canada operating a no-fault divorce policy; the only “grounds” required is a breakdown of the marriage.
Although the Divorce Act is a federal law, the individual provinces and territories are responsible for the processes involved in getting a divorce. You will need to fill out the right forms for your province or territory after determining you meet one of the following criteria:-
- Separated for one year or more.
- Cruelty.
- Adultery
Select the Correct Type of Divorce Proceedings
There are three Types of Divorce you can file in Ontario.
I) Uncontested Simple Divorce
ii) Uncontested Joint Divorce
iii) Divorce with other Relief (Contested Divorce).
Uncontested Divorce in Ontario is filed when you are only asking the court for Divorce Only, whereas Divorce with other relief (Contested Divorce) is filed when you are asking the court to grant you Divorce, with additional relief such as custody Order, Child support order or Spousal Support Order or Division of Property.
The difference between Simple And Joint Divorce is merely the fact that in Join Divorce both parties jointly sign the divorce application whereas in a Simple Divorce only one party sign the divorce application and serves the copy of the divorce application on the other spouse.
Filling out a Correct divorce application.
If you are filing Uncontested Divorce in Ontario then you need to file Form 8A, form 36 and Form 25A.
If you are filing Contested Divorce then you would need to File Form 8 along with other court forms depending on your claim.
Submit the Divorce Application at Correct Courthouse
Submitting the divorce application is known as filing, and this will usually be done at your local courthouse of your municipality where you or your spouses have been resident.
Pay the required Court Fees
The total Divorce Application Cost in Ontario is $447. It is to be paid in two installments of $167 at the time of filing and $280 at time of Hearing of Divorce. You may have to pay for process server cost for service of court documents. If you are hiring Shaikh Law Firm’s Divorce Lawyers then you can get all inclusive service which includes process server cost as well as legal fees. Learn more about Divorce in Ontario Costs from Shaikh Law Firm website. They have a detailed breakdown of Divorce Costs
Follow the subsequent rules/procedures given
You must follow the rules of the individual courthouse that is processing your divorce. You can learn more about the detail process of filing for Divorce in Ontario by visiting Shaikh Law Firm page on How to file for Divorce in Ontario.
Is it really as easy as all that?
As each subsequent step and rule can depend on the response of the other party – you will understand how costs, stress and time can quickly mount up especially if they are unreasonable or just plain disorganized regarding significant issues such as property and spousal/child support!
This is why it can actually be far more cost effective to instruct a divorce lawyer in Ontario from the outset who has the expertise and objectivity to guide you through what can be a minefield to the uninitiated and save on the associated stress too! Not only can they offer legal advice but also complete and file paperwork on your behalf.
