Are you contemplating a divorce in Ontario? Acquiring a simple divorce need not be complex. In this guide, we’ll take you through the process step by step
1. Understanding Eligibility:
To qualify for a simple divorce, certain criteria must be met. Typically, you and your spouse must have been separated for a year with no chance of reconciliation. Also, residency in Ontario for a year before filing is required.
2. Gathering Necessary Documents:
Before you start the divorce process, make sure you have all the required documents. This usually includes your marriage certificate and any relevant financial or custody agreements.
3. Completing the Application:
The next step is filling out the divorce application form, also known as Form 8A or the Application for Divorce in Ontario. It’s important to fill out all sections accurately and truthfully.
4. Filing the Application:
Once you’ve completed the application, you need to file it with the Ontario Court of Justice. You can do this in person or by mail. Keep in mind that there is a filing fee, which is typically around $632 as of 2023.
5. Serving the Application:
After you file the application, you need to serve a copy of the documents to your spouse. There are different ways to do this, such as registered mail or hiring a process server.
6. Waiting Period:
After serving, there’s a mandatory 30-day waiting period for spouses within Canada. If your spouse resides outside Canada, the waiting period extends to 60 days.
7. Filing an Affidavit for Divorce:
If your spouse doesn’t contest the divorce within the waiting period, you may need to file an affidavit for divorce. This confirms to the court that your spouse hasn’t responded to the divorce application.
8. Obtaining the Divorce Order:
If the divorce is uncontested, you can proceed to obtain a divorce order from the court. This formalizes the end of your marriage.
9. Finalizing the Divorce:
Once the divorce order is granted, your divorce is finalized. Make sure to get certified copies of the divorce certificate for your records.
Conclusion
If you’re considering a simple divorce, our experienced family law lawyers can provide valuable assistance. Contact us at 416-901-8331 for further guidance and support.
