How To Apply For a Divorce In Ontario

Proceedings

While ending a marriage comes with many emotional issues the process of ending the marriage is not as hard as most people think. If you are married and want to end your marriage you must apply for a divorce order from court. This article will discuss how you can get a divorce in Ontario.

It must be noted that the law on divorce in Ontario is the same as everywhere else in Canada. That being said, you do not have to be a Canadian citizen in order to apply for divorce. However, there are certain criteria that must be met. If you want an Ontario court to officially end your marriage you can apply for a divorce if you meet the following three eligibility criteria:

  1. You were legally married in Canada or any other country
  2. You intend to separate permanently from your spouse or you have left your spouse already, and you do not believe there is a possibility you will get back together
  3. You and/or your spouse have lived in Ontario for at least the 12 months preceding the application

It is important to note that the Divorce Act is a federal piece of legislation that deals with divorce matters in Canada. Therefore, if you are not legally married divorce law does not apply to you.

Some exceptions may exist to the residency requirements if both you and your spouse live outside of Canada and you live in a country that does not recognise your Canadian marriage. In such instances you may be able to end your marriage under the Civil Marriage Act and can apply for divorce in Ontario using the relevant forms from the Ministry of the Attorney General.

It is important to realise that when your marriage or relationship has broken down but you are not legally divorced this is referred to as a ‘separation’. A separation occurs when you and/or your spouse decides to live apart and do not intend to live together again. When marriage couples 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 is important to note that this is applicable no matter who owns the home. As such none of the marital partners give up their rights if they choose to move out.

Before starting a divorce, it is strongly recommended that you seek legal advice expert in family law. This expert will inform you how the law applies to your case and how you can protect your rights. When filing for divorce in Ontario it is necessary to follow the divorce process. Below outlines the steps of how to apply for divorce in Ontario :

  1. Fill out a divorce application
  2. Submit the application at an Ontario court house
  3. Pay the required court fees
  4. Follow any court rules and procedures provided

It is important to note that there are several costs associated when you apply for divorce Ontario . In order to get the correct legal information, relevant legal advice and representation speak to an experienced family law lawyer specialising in divorce matters in Ontario.

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