how to file for divorce in ontario without a lawyer

How to Get a Divorce Without a Lawyer

• Form 8 (application);
• Form 6B (affidavit of service);
• Continuing record cover and cumulative table of contents (available at the court) If you have a support claim but no property claim, you will also need:
• Form 13 (financial statement – support claims);

More items...

Full Answer

Do I need a lawyer to get a divorce in Ontario?

It is possible to handle all of your issues alone and on how to get a divorce in Ontario without a lawyer. The Department of Justice has laid out all the essential forms and procedures on its website, and they can be found on our site as well.

How do I file for a simple divorce in Ontario?

With a simple divorce, there is an option to file for divorce online and not go to court. To find out if this option is right for you, please visit the Ontario government’s file a divorce application online page. Do you have your original marriage certificate?

How do I get a religious divorce in Ontario?

To get a divorce in Ontario, you must meet certain conditions. For example, you and your partner must have had a marriage ceremony and you must show that your marriage has ended. If you don't meet them, the court may not approve your divorce application. A religious divorce doesn't legally end a marriage.

How do I file a family law case in Ontario?

If you cannot submit online, file your documents in person at the courthouse or by email in accordance with the Family Law Rules and any orders, Notices and Practice Directions issued by the Ontario Court of Justice and the Superior Court of Justice. Find official up-to-date forms.

Can you get a divorce in Ontario without a lawyer?

Couples who are both seeking a divorce and who completely agree on everything including how to divide family property, who will have custody of the children and how much child and spousal support will be paid, may be able to complete their divorce without a lawyer.

Can I file for divorce on my own in Ontario?

Joint and simple divorce applications simple divorce – you apply for a divorce on your own because you and your spouse can't agree to a divorce and you're not asking for any other court orders.

What is the cheapest way to get a divorce in Ontario?

Divorce Application form to use is for Uncontested Divorce is Form 8A and you would need to select if you are filing a Simple Divorce or Joint Divorce. Comparatively, Uncontested Divorce is the quickest and cheapest way, to get a Divorce in Ontario, unlike contested Divorce.

How much does it cost to file for divorce in Ontario?

Note: There is a fee of $212 to start a simple divorce. This fee can be paid by cash, cheque or money order payable to the Minister of Finance. If you can't afford to pay for this court fee, you can ask the court to waive your fees so you don't have to pay. You can do this by completing a Fee Waiver Request Form.

Can I get a divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

Can you get a divorce in Ontario without a separation agreement?

You do not need a separation agreement to be legally separated or to Divorce in Ontario and there is no law in Canada compelling couples to enter into a separation agreement. A separation agreement offers both parties a degree of control over what will be received by each party when you will separate.

How long does a simple divorce take in Ontario?

4 to 6 monthsIn Ontario, How Long Does it Take to Get a Divorce? In general, a simple divorce can be completed in 4 to 6 months when matters such as custody hearings and property division are taken into account; however, contested and complicated divorces that involve courtroom litigation can take longer.

Who pays for divorce in Ontario?

In Ontario, most divorce proceedings, including cases that are uncontested, require the payment of court fees. The first payment must be made when filing your papers, consisting of a $157 court fee along with a $10 fee collected for the Department of Justice.

Who pays costs in divorce?

Who pays the costs in court proceedings? Despite prevailing opinion, it really does matter who initiates divorce proceedings. If you are the one who is being divorced (the “respondent”), the Court might order you to pay the legal fees of both sides.

Can my husband divorced me without me knowing?

Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse's divorce petition, it will delay the process, but not prevent divorce altogether.

Does a husband have to support his wife during separation?

As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.

How much is the cheapest divorce?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How much does it cost to get divorced in Ontario?

Court filing fee: The court fee for filing a divorce in Ontario is currently $447. This is paid at the time of filing. You will pay $167 when you file your initial divorce application, and the remaining $280 when you file the final documents. Step 7: Serving your Spouse (if necessary)

What to do if your spouse cannot agree to divorce?

If you and your spouse cannot agree on the terms of the divorce, you will likely need to retain an experienced attorney practicing in family law.

What is an uncontested divorce?

Uncontested Sole Divorce: When both spouses are in agreement about the divorce and do not oppose the divorce, either the husband or wife files the divorce papers with the court asking for the divorce. Once the papers are filed with the court, your spouse is served with the divorce papers.

What is the grounds for divorce?

Remember, most divorce applications are filed under the one-year separation period. The other grounds for divorce are adultery or cruelty. A divorce application based on adultery or cruelty requires evidence to substantiate the claims.

How long does it take to get divorced after filing a divorce affidavit?

After 30 days are up, if there is no answer filed by your spouse, you can then set down your divorce with the court by submitting your Affidavit for Divorce, Divorce Order and Clerk’s Certificate. Step 9: Your Divorce Order.

How long does a spouse have to challenge a divorce?

Your spouse then has 30 days to contest or challenge the divorce, or make a claim such as for support, property, custody, etc. If your spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the court.

How to get divorced from my husband?

Once you separate, your living “separate and apart” time requirement starts. Step 2: Obtain Divorce Application. Obtain a divorce application. You can do this in a number of ways.

Where to file a family law case in Ontario?

If you cannot submit online, file your documents in person at the courthouse or by email in accordance with the Family Law Rules and any orders, Notices and Practice Directions issued by the Ontario Court of Justice and the Superior Court of Justice.

What is joint divorce?

joint divorce – you and your spouse apply for a divorce, and any other court orders together, because you both agree to a divorce and on all other family law matters such as parenting, spousal support or division of property.

What to do if your documents are rejected?

If your documents are rejected, you can either: address the reason for the rejection and resubmit your corrected documents online (if time permits), or. file your documents in-person or, if allowed by the court, by email. Monitor your email for communication from the court office.

How far away can you submit documents for an urgent hearing?

to request an urgent hearing. for a court date that is five business days or less away (for example, if you are attending court on Tuesday, January 9, you can submit documents online up to and including Monday, January 1)

How to change a final court order?

bring a motion to change a final court order or agreement for things like child support. register a domestic contract, such as a separation agreement, for support enforcement. file documents in a child protection case. request a fee waiver certificate.

How to submit a family court document?

Overview. You can submit most family court documents online, including to: apply for a joint or simple divorce. start or answer an application for things like child support, spousal support, or division of property . attend a family conference. make or respond to a motion. bring a motion to change a final court order or agreement for things like ...

Where to contact if you have questions about your case?

If you have any questions about your specific case, contact the court office where your documents were submitted or filed. You can find a list of courthouse addresses and phone numbers here.

Religious divorce

A religious divorce doesn't legally end a marriage. But some religions require a religious divorce if you want to remarry within that religion.

Matrimonial home

If you separate, each married partner has an equal right to stay in the matrimonial home and to a share in the value of the home. It doesn't matter who owns the home. You don't give up these rights if you decide to move out.

What is a simple divorce?

A simple divorce is also known as an uncontested divorce, which is when you and your ex agree to divorce. This is different from a contested divorce, which is when you and your ex do not agree to all the issues raised by the divorce. This could include disagreements about child custody or support or how you will divide your assets.

How long do you have to live apart to file for divorce?

Remember: you and your ex must have lived separate and apart for at least one year. Sign and date the form.

How much does it cost to get divorced?

Note: There is a fee of $212 to start a simple divorce. This fee can be paid by cash, cheque or money order payable to the Minister of Finance. If you can’t afford to pay for this court fee, you can ask the court to waive your fees so you don’t have to pay. You can do this by completing a Fee Waiver Request Form.

How to find the courthouse in your municipality?

You can find the courthouse in your municipality by visiting the Ministry of the Attorney General’s website. Take a number from the counter and wait until it is called. When your number is called, give all your documents to the court clerk.

How long does it take for an ex to respond to a divorce?

Your ex has 30 days to respond from the day they’ve been served documents. Your ex, however, doesn’t have to file an answer or sign anything. After the 30 days have passed, you can finalize your divorce.

When does a divorce take effect?

Once you get your divorce order in the mail, your divorce takes effect on the 31st day after the divorced is signed by the judge. After this, you can go back to the Superior Court of Justice and ask for your original marriage certificate and/or a certificate of divorce.

What is the cover sheet for divorce?

A continuing record cover sheet. This is the first page of your family law court file, which is called the continuing record. It will contain every document that you and your ex want the court to look at and it is kept at the courthouse. Your divorce will happen through the municipality that you live in.