Keeping Your Divorce as Painless as Possible
It would be great if marriages lasted forever. It would also be great if you could just walk away from your spouse and call it a day. But in Ontario, as well as the rest of Canada and most of the world, your marriage isn’t over until you obtain a divorce order from the court. There are mechanisms in place that permit a Simple Divorce In Ontario, so that ending your marriage can be simple, efficient and less costly than a drawn out legal battle.
Let’s face it, if your spouse does not want to divorce, or does not agree on dividing your assets, child custody and access, or other issues, you are likely to be in court going through the mess of a “contested divorce.” But a Simple Divorce In Ontario is possible going through an “uncontested divorce.”
One simple way to get this done is to apply for a divorce yourself and, if your spouse does not respond, it will likely be granted without an issue.
Also simple is the situation where you and your partner agree to divorce and how to divvy up assets and care for the children. In such a case, you can jointly apply for an uncontested divorce and come up with terms for how these issues will be dealt with.
Even if you are in agreement, Ontario requires a divorcing couple to meet certain criteria. First, you must have had an actual marriage ceremony and that the marriage has now ended, something demonstrated through not living together anymore, not sleeping in the same bed, etc. If you cannot show this, it may be difficult to obtain an order from the court.
Even when you have an uncontested divorce, you may also need to obtain a religious divorce. This is not done through the courts, but rather from your place of worship or religious organization, something that varies from faith to faith. Often times, without the religious divorce, you may not be able to marry again in that religion.
When it comes to dividing assets, the marital home (or “matrimonial home”) is something each spouse has equal rights to, no matter who the owner of record is. Even if you move out, you retain these rights. However, once you get divorced, if you are not the owner of record, you may still have the right to a share in the value of the home, but you lose the right to stay in the home, because you are not married any more.
These are just a couple of considerations that must be contemplated when seeking to divorce in Ontario. Of course, there are issues regarding children, finances, personal property, jewelry, automobiles, and more. The best way to get through this process as easily as possible is to attempt to agree and apply for a simple divorce. If you cannot, it may get expensive and emotionally exhausting.
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