How to Divorce in Ontario?

Sole Divorce in Ontario

When both you and your spouse are in agreement about the divorce in Ontario, there are two ways in which you can proceed. The first way is filing a simple “sole divorce.” In this type of divorce application, either you or your spouse files the divorce application in court. Once the court processes and stamps the application, it will be served on the other spouse. Your spouse then has 30 days to contest or challenge the divorce in Ontario or make his or her own claim(s) for things like support, custody, or division of property. If your spouse does not challenge the divorce within the required period, the divorce will proceed as an “uncontested” divorce in the Ontario court system.

Joint Divorce in Ontario

The second way to proceed is by filing a ‘joint’ divorce in Ontario. When both you and your spouse are in agreement and you both are willing to sign the divorce documents, then the Province of Ontario will allow you to proceed with a joint divorce. This eliminates the need for service of the documents upon your spouse and can save you time and money. A joint divorce can make things a bit easier since there is no need to have your spouse served with the documents. It is also possible that a joint divorce application may be processed faster in some courts in comparison with a sole divorce application. Contact our family law firm and speak with our Family Lawyer in Ontario about your options.