how to get a divorce in ontario canada without a lawyer

An uncontested divorce can be handled without a lawyer in the Province of Ontario. Moreover, all the necessary paperwork for such a case can be completed online via our service. Just follow our step-by-step instructions and receive your unique divorce forms completed in the shortest terms by email. Just print them, sign them, and take them to the relevant court for filing.

Full Answer

How do you file for divorce in Ontario?

You are the applicant and your ex is the respondent.

• This is the first page of your family law court file, which is called the continuing record. ...
• Your divorce will happen through the municipality that you live in.
• At this point, you do not need a court file number because one will be assigned to you at court.
• You are the applicant and your ex is the respondent.

What are the divorce laws in Ontario Canada?

• Determining your goals regarding the relevant issues in your case;
• Explaining to you the legal implications of a divorce and the process involved;
• Regularly corresponding with you to obtain updates and provide you with the status of your case;
• Negotiating on your behalf with the other party or his or her lawyer;

More items...

What is the best way to file for a divorce?

What Is the Cheapest Way to Get a Divorce?

• File the divorce online. ...
• Uncontested divorce. ...
• Indigent. ...
• No-fault divorce. ...
• Prenuptial agreement. ...
• No-fault uncontested divorce. ...
• Meditated divorce: It may all sound easy to settle everything, right from finances to the custody of the child/children while getting divorced, but it’s not.

More items...

How do I apply for a divorce by myself?

• Your spouse will receive a summons with a date to respond.
• If they do not respond, you can apply at the High Court, to add it to the roll.
• The court will decide on your behalf and end your marriage.

Can I file for divorce without a lawyer in Ontario?

It is possible to File for Divorce in Ontario without a Lawyer but Divorce Lawyers are trained to handle Family Cases and they will be responsible to ensure that your Divorce Application is not rejected.

Can I do my own 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.

How can I get a divorce without money in Ontario?

Check with Legal Aid Ontario Through the legal aid program, you may have access to a Toronto divorce lawyer who will provide you with legal services at no cost to you. Legal aid lawyers will help you to finalize your divorce and decide on matters such as child custody, support, and access or spousal support.

How much does a divorce cost in Ontario Canada?

According to the Canadian Legal Fees Survey, the actual cost for divorce averages $1,353 for an uncontested divorce and $12,875 for a contested divorce. Taking the divorce to court could cost you over $50,000.

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.

Do you need a separation agreement before divorce in Ontario?

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

Can my husband divorce 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.

How many years do you have to be separated to be legally divorced in Canada?

one yearIn order to file for divorce in Canada, you must first complete a full one year separation period. The only exception to this rule is if your divorce is filed under the grounds of adultery or cruelty.

What happens if one spouse doesn't want a divorce?

Usually, one spouse reaches the decision first. In this scenario, that person is you. Even if a spouse doesn't want the divorce, most come to accept that the divorce is inevitable if one spouse is determined to divorce. In most states, your spouse does not have to grant you a divorce or agree to a divorce.

Who pays legal fees in a divorce Ontario?

Costs are moneys to be paid by one side of a legal dispute to the other after a court hearing like an application or a trial. Cost are paid to the winner by the losing party. The amount of costs is determined by the judge but it is based on the Rules of Court or the discretion of the judge.

What's the cheapest divorce cost?

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.

Who pays costs in divorce?

If you are the one who is being divorced (the “respondent”), the Court might order you to pay the legal fees of both sides. This is unjust, but it is based on the old court principles that if you can prove your case before them, then you will also get your costs.

How to Legally end a Marriage in Ontario?

If you are unhappy with your relationship and want to part your ways, you need to apply for divorce in court, which a judge signs under the Federal Law called the Divorce Act.

Eligibility for Divorce in Ontario, Canada

If you are seeking to divorce your partner in Ontario, then you must be able to meet the following criteria:

Grounds for a Divorce in Ontario

The divorce process in Ontario is simple and not that complicated. You can get a legal divorce in Ontario, Canada when your marriage has turned into a complete failure. A failure in marriage can only occur in the following situations:

How to Begin a Divorce Process?

There are certain things to keep in mind before filing for divorce in Ontario. Before you file for a divorce against your partner, it is advisable that you seek legal help from an expert lawyer. An expert lawyer can give out the basic insights related to your case and the various ways to protect your rights.

How can a Divorce be Stopped?

Your divorce can be stopped or delayed by a court only when the court is satisfied that there has been no dishonesty or forgery while filling the divorce application. The court must be satisfied by the fact that proper arrangements have been made for child support.

Is Legal Representation Required During the Divorce Process?

The answer to this question can be both yes and no. It is possible for an individual to act on their own behalf during divorce proceedings. However, a legal representative is required if the entire process needs to go smoothly without any hindrance.

What are the issues of divorce in Ontario?

First, while separating, you and your spouse are dealing with all of the issues, such as children, custody, taxes, support, homes, assets, pensions and debts etc. These issues are dealt with in a Separation Agreement. Once a Separation Agreement has been reached and a year ...

How to end a marriage in Ontario?

To legally end your marriage in Ontario you must get a divorce. It’s not enough to just be separated and live apart, as this does not legally end your marriage.

What makes you separate?

Fundamentally what makes you “separated” is that you and your spouse have consciously agreed to separate and have “uncoupled.”. In some circumstances, spouses can be considered separated yet apart even though they still live under the same roof.

How to avoid messy divorce?

How to Avoid A Messy Divorce 1 Seriously consider mediation before lawyer litigation 2 If at all possible, stay out of the Family Courts 3 Gather and organize your financial documents 4 Do your homework, understand how divorce works in Ontario

Can you get divorced after living separately?

Yes. It is not necessary for both of you to want to end the marriage. If after living separate for at least one year, the marriage can be considered as broken down and one of the spouses can apply for the divorce.

Is there an exemption for land transfer in Ontario?

BUT there is an exception. Regulation 696 of the Ontario Land Transfer Tax Act allows for an exemption on this Tax IF “the transfer is in compliance with a written agreement of separation, pursuant to which the parties have agreed to live separate and apart.”.

Do you have to get divorced in Ontario?

If you are a Common Law couple (living together), it doesn’t matter how long you have lived together, in Ontario you are not considered legally “married” therefore you do not require a divorce in Ontario.

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 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.

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.

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.

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.

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.

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.

Is a family court form public?

Family court forms are public documents. The information you provide in the forms can be viewed by the public whether you file in-person or online. Learn more about public access to family court files or find a family court location.