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
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.
With the Ontario Online Divorce assistance service, you can get your ready-to-file uncontested divorce forms without wasting your precious time and effort.
Yes. You do not have to be a Canadian citizen to get a divorce in Canada. It also does not matter if your marriage took place in another country. You can apply for a divorce in Ontario as long as you or your spouse has been residing here for at least one year.
Since all legal forms produced by DIY Ontario Online Divorce are authorized for use by the Ontario courts, we can guarantee that any court in the province will accept them. We are committed to providing only relevant ready-to-file divorce documents filled out correctly at an affordable flat fee.
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.
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.
No you don't need a lawyer to divorce in Ontario, but wisdom would dictate that you do. Saying this, you are not required to use a lawyer or other professionals to Divorce in Ontario. Instead, consider how you can best use professionals to assist you in your process.
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.
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.
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.
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.
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.
one yearHowever, you and your spouse must have been living apart for at least one year before your divorce can be granted. You can apply at any time if you are claiming your marriage has broken down because of physical and/or mental cruelty or because of adultery.
Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.
If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate. Collaborative divorce won't work. You will have to litigate your divorce.
There is no legal time limit on when you can start divorce proceedings, so long as you have been married for one year. However, the amount of time you must wait depends on the grounds for your divorce. If you can prove adultery or unreasonable behaviour, then you can begin as soon as you separate.
You and/or your spouse have lived in Ontario for at least the 12 months preceding your application. The Divorce Act is the federal law that deals with divorce matters in Canada. If you are not legally married, divorce law does not apply to you. There may be an exception to the residency requirement if both you and your spouse live outside Canada ...
How do I begin a divorce process? Before starting a divorce, it is recommended that you seek legal advice from an expert in family law. An expert such as a lawyer can tell you how the law applies to your case and how you can protect your rights.
If you are asking for a divorce because of adultery or physical or mental cruelty against you, you will have to prove what happened.
What are my rights if I get separated or divorced? - This article explains the rights you may be entitled to if you get separated or divorced, such as property, support for your children or spousal support.
When you separate, you and/or your spouse decide to live apart and do not intend to live together again. Although the federal law does not apply to unmarried couples who separate, you can still negotiate a "separation agreement" and other arrangements regarding child custody, access and support under Ontario laws.
The law about divorce in Ontario is the same as everywhere else in Canada. You do not have to be a Canadian citizen to apply for a divorce, but there are certain criteria you must meet.
Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.
Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.
Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.
If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.
A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.
After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.
A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.
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 ...
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.
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 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
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.
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.
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.”.
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.
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.
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.
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.
Remember: you and your ex must have lived separate and apart for at least one year. Sign and date the form.
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.
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.