Article provided by: Positive Solutions Divorce Services®
Divorce processes in Ontario aren’t difficult and can be a stress-free event with all the right information. We answered a few important questions:
What Exactly is Divorce and Separation in Ontario?
A separation is recognized as when one or both partners in the marriage decide to live away from each other. This can be done with a legal document that highlights the details of the separation or outside of the court with both partners in an informal agreement.
For a separation to be recognized in the Ontario court, the partners must have lived separately for the least period of a year. This is also referred to as ‘Breakdown of marriage’ and it’s what most people rely on as the premise for divorce.
How can I get a Divorce?
As it is obtained in every other Canadian province, the law of divorce in Ontario is no different. A divorce can be filed by anyone who meets the simple criteria of;
- Legal marriage either from Canada or any other country.
- One year separation from each other with the intent of making it permanent.
- On the grounds of adultery or physical/emotional cruelty. Although, physical or mental cruelty requires proof.
The divorce process is pretty simple and straightforward, although it is better to get a lawyer who can help make the process easier; show you what the law is about your particular case and help defend your rights, doing it yourself simply requires that you:
- Fill out a divorce application form. This will require the reason for your application and things like Children, assets etc.
- File the application at an appropriate court.
- Pay the required legal fees and follow the rules or proceedings given to you.
How much is a Divorce in Ontario?
The cost of a divorce varies on different things like whether it is or isn’t contested, the length of the divorce process, attorney fees, assets and debts etc. All of this can add up to as much as $1000 or $1500. For an uncontested divorce, all that has to be paid are basic fees such as:
- Issuance of application fee – $157.00
- Search registry fee – $10.00
- Service fee – $64.20
- Court review/motion for judgement fee – $280.00
- Clerk filing fee – $53.50
- Certificate – $19.00
The certificate isn’t a compulsory cost. It is only needed in the event that either of the divorced partners is about remarry. It can be gotten immediately after the divorce or much later upon requirement for any legal documentation.
What is the Divorce Process in Ontario?
As stated above, the premise for a divorce is based on two things: Adultery/Cruelty or separation. Thus, the process for both differs.
- On the premise of Adultery/Cruelty: Once the court is satisfied with all the evidence submitted and agrees to grant the divorce, the court can then decide to waive the waiting period of 31 days after the order has been made and grant an immediate divorce.
- On the premise of separation: A divorce isn’t final until the court declares it so and the court cannot declare a divorce on the premise of separation until the one-year period is completed. Then the additional 31 days until the divorce takes effect.
- Other processes involved: The submitting of every legal document including tax returns, property deeds, insurance policies, statements of net worth, etc.
How Do I Apply For a Divorce Myself?
Getting a divorce on your own can seem like a lot of work, but in actual fact, it’s a very simple process.
- Fill out an application form. (You can get these at bookstores, online or directly from a courthouse).
- Fill and submit to the courthouse.
- Pay all required legal fees and follow all the stated proceedings.
To make the process faster and less strenuous, it is advised that you get a lawyer.
What if there are Children Involved?
When going through a divorce, having your children’s best interest at heart is very important. In this situation, a lawyer is very necessary to help decide a common ground for such things as:
- Parenting Scheme: Where the children will live, division of material and financial responsibilities.
- Custody: The plan on how each parent will have access to the children.
Have further questions? Contact Positive Solutions for the best online mediation services for separating couples in Ontario: (888) 779 – 8777