How To Go Through A Joint Divorce In Canada

Joint Divorce

 If you are planning for a joint divorce in Ontario, both of you must give consent. To begin your divorce proceedings, you must have lived separately for one year.  Having a separation agreement helps you cover all the important details required by the court and act as supporting documents when you file your divorce. You will be required to file your joint application with the Ontario Superior Court of Justice, or you can do it online. Filing joint divorce in Toronto online has been made easy. Online systems help you save valuable time and get what you want without visiting the offices. And thus, you can have your joint divorce at the comfort of your home.

 Simple Online Process After Being Separated For An Year

 To start the joint divorce process, you only need to:

· Complete an online divorce form with Bluetown lawyers. After completing the process, we email you back your completed forms within two business days.

· We make sure the forms are signed, and then the swearing of Affidavit for your divorce is completed. All this happens through videoconferencing.

· At Bluetown lawyers, we file the paperwork for your divorce in court; you don’t have to appear in court. We then inform you when your final divorce order is granted. The process may take 2 to 3 months.

· After the required documents are submitted, the court will declare the final divorce, but you will only receive the divorce certificate upon request from either spouse.

 What Happens If I Want Divorce but Not Yet Separated For A Year?

   If you and your spouse want to divorce but have not yet made it to a full year separation, you can have your divorce matters set down. We make sure notice of set down has been filed, and you will have your divorce date. Thus you will need to:

· Complete your online forms with us.

· We will then email your complete forms with the details you provided. These are to be used for your divorce documents.

· Once you have been separated for a year, we will make arrangements to have each of you swear an Affidavit for divorce.

· After the set down has been filed, you will wait for the judge to review the papers and give a review of your joint divorce within 2 to 3 months.

· You will wait for 31 days to have your divorce granted.

·  Finally, you will be issued with a divorce certificate upon request.

Filing Your Joint Divorce In Person

If you prefer filing for your joint divorce in person, you will work on any court order as a team. You will be required to fill some forms together while others will be done individually. The forms are as follows:

· Form8A for divorce application: Either of you can fill out the form. But signing has to be done by both of you as there is no respondent. The form can also be used for other issues such as child support, visitation, etc.

· Form36 for Affidavit for divorce: Each spouse has to fill in their own form. The form must have the information about your kids, spouse, or even plans of such after separation. The information given must be correct. You can affirm it by use of a notary public.

· Form 25A for divorce order: You will have to write an order you want the court to review. The form will have to be filed electronically and not by hand. If these orders are accepted, the judge will sign, and you will have a divorce order.

· Divorce proceedings form: The form must be filled electronically. This is to ensure you or your spouse has made no other divorce forms.

· Form 35.1  to be filled for support claims and custody access
· Form 13 to ensure you are granted child support, spousal support.

· Form 13.1 if you are to ask for property division

· Support deduction forms if you are to ask for support from your spouse
 You must affirm that the information given is correct before signing the forms. The above forms can be obtained from the courthouse or through online websites

Apart from the above, you will be required to have

ü Your original marriage certificate. If you don’t have the certificate, you will have to give reasons why in your Form36 Affidavit for divorce.

ü You will need 2 stamped envelopes. Both will be used by the court to mail a copy of your divorce order.

 It’s also worth noting that you will also be required to submit other documents such as your separation agreement to support your case. The best way to ensure your process runs smoothly is to have a qualified divorce lawyer in Toronto offer legal guidance. If you want to file for a joint divorce, you can make an appointment online with us today.

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