Family Lawyers for Simple Divorce In Ontario
When a marriage breaks down, there are emotional and legal ramifications. Indeed, there may be the need to divide assets, provide support for spouse and child, arrange custody and access, and deal with other issues. Thankfully, a Simple Divorce Ontario is available to ease the financial and time burdens in order to help couples split on a more amicable basis. This, in turn, can help the family work together to maintain a happy and healthy future.
If you and your spouse are in agreement on most major issues, a Simple Divorce Ontario is highly possible and recommended.
When the emotional distress of lots of dispute is abated, an uncontested divorce is an effective way to end your marriage. Uncontested divorces contemplate the same issues that a contested divorce will, including (i) the distribution of finances and assets, (ii) custody, (iii) access, (iv) support and other issues that may arise.
Upon completing the required application package, it must be filed with the correct government authority. The government will then (i) assign the case a court file number; (ii) place a court seal on the Application; and (iii) provide a Registration of Divorce Proceeding form to fill out. This last document is then provided to Canada’s Department of Justice in order to ensure that the same parties have not registered any other divorce applications. Assuming the review checks out, the Central Registry of Divorce Proceedings will then issue a Clearance Certificate.
Once the Clearance Certificate is received, the entire set of documents must be served on the other spouse and, at times, other necessary parties. Assuming no objections are received, the divorce will be finalized after a period of time. While a contested matter can take many months, if not years, an uncontested divorce can be finalized in a few months.
Even though a Simple Divorce Ontario is a streamlined process, an Ontario court cannot end your marriage unless (i) you have been legally married in Canada or any other country, (ii) you will permanently separate from your spouse or already have done so and you do not believe there is any chance at getting back together and (iii) either you and/or your spouse has resided in Ontario for at least twelve months prior to applying for divorce.
Even those who are not legal married may wish to undergo a “separation” in order to have legal “teeth” in an agreement that officially ends a relationship. Here, the spouses must agree not to live together nor plan in a reunification. Then, the spouses can work out a “separation agreement” by which issues regarding child custody, access and support will be enforceable under Ontario law.
Even when achieving an uncontested divorce, there are strict rules that must be followed. The failure to properly file these forms and satisfy the legal requirements for divorce will greatly slow down the process. For these reasons, it is extremely important, even if uncontested, to retain an experienced family lawyer to handle your separation and divorce.