How to file for a Divorce in Ontario
If you are considering to file for Divorce, then you would need to apply to a court for a Divorce Order.
For you to Apply for Divorce you must meet the following criteria:
• You and your spouse must be legally married as per the Laws in Canada, or abroad.
• Your marriage broken down.
• You or your Spouse have lived in the Canadian for a full year immediately before making your application.
Grounds for Divorce
As per the Divorce Act, you do not have to show fault. In fact, The only ground for a divorce is marriage breakdown, which can be established in any ONE of the following situations:
1. Parties have separated for one year or more.
2. You were subjected to physical and mental cruelty.
3. Your spouse committed adultery.
If you want to try to reconcile or have made attempts to reconcile after your separation, you can still live together up to consecutive 90 days without affecting one year separation period. If things do not work out and you are unable to reconcile then you can continue your claim for divorce without affecting your one-year separation period. Conversely, if you have spent more than 90 days consecutively then you one-year separation would be discontinued.
Some couples may still be living under the same roof/house. Parties should contact a Divorce Lawyer Toronto to help them identify if they may be considered as separated in the eyes of law.
How to Start a Divorce Application in Ontario
Divorce Act is Federal legislation, but the provinces of Ontario has set up the processes for filing for a divorce in Ontario. If you are registering for a Simple or Joint Divorce, then you would need to submit form 8A before the Superior Court of Justice of your local municipality. Once you have filed the Form 8A, you would need to serve the Divorce Application, (if it is a simple Divorce ) on the Respondent. If it is Joint Divorce, then you do not need to serve the Divorce Application on the Respondent. After filing for Divorce you would need to wait for a minimum of 6 to 8 weeks to obtain a clearance certificate from Central Divorce Registry (CDR) Ottawa, the Divorce process can be complicated therefore it is always best to retain a Best Divorce Lawyer Toronto to help you navigate the process. The Divorce Application Court fees are $447 to be made payable in the name of Minister of Finance. It can be paid by way of certified cheque or by Credit Card.
It is always recommended to get legal advice from an experienced Divorce Lawyer Toronto before you apply. A Divorce lawyer can inform you about your rights and responsibilities as well as explain how the law applies to your situation. Divorce Lawyer would also explain what other documents you may need to file in court. It is recommended if you and your spouse can agree on major issues such as Child Custody, Access & Visits, Child Support, Spousal Support and Division of Property before you apply for a divorce in Ontario. If you cannot agree, then you can ask the court to decide on your behalf. In such a situation you would need to file a form 8 for Divorce with other relief. If parties are at dispute then the divorce process takes longer to complete. It will also be more expensive as well as stressful for you and your family if the court intervenes and has to make these decisions for you.
Exception to Residency Requirements for Divorce Application in Ontario.
As a rule of thumb, only a person who is a resident of Canada for a minimum of one year can apply for Divorce in Canada. Therefore If both parties do not live in Canada, then neither can get a divorce under Canada’s Divorce Laws.
On the other hand, you can end your marriage under the Civil Marriage Act if you meet BOTH of the following requirements:
• You were married in Canada; and
• You are unable to terminate your marriage in the country you currently live because that country does not recognize Canadian marriage.
A process under Civil Marriages Act merely ends the marriage it does not resolve other issues such as child custody, child support, spousal support and Division of Property. Therefore it is always a good idea to get a Divorce Lawyer Toronto Free Consultation to help you understand with the Divorce process in Ontario.
