Tag: Divorce in Ontario
How Long Does It Take To Get A Divorce In Ontario?
Filing for divorce in Ontario is no child’s play – the process involves a lot of paperwork, waiting periods, and court appearances. A common question asked by many people contemplating this move is “How long does it take?” The answer is not an easy one to give, as various aspects come into play, including where the divorce is taking place. This guide provides an overview of the process and its timeline, especially for residents in Ontario.
Divorce Processing Time-frame in Ontario
Generally, it can take anywhere from a few months to a year or more to process a divorce, depending on the circumstances. In Ontario, the process averages 4 to 6 months, provided that it is simple – not involving courtroom litigation. It means that both parties must be cooperative.
Grounds for Getting a Divorce in Ontario
Divorces are granted by the Supreme Court of Canada based on any of these grounds:
- Separation for at least one year
- Adultery
- Cruelty
Divorces based on separation are permitted to be filed before or after a period of 90 days of living together during which couples may reconcile. In the event that things don’t work out, they can file.
Factors That Can Affect its Duration
Several moving parts determine how long the divorce process takes. In some cases, they can be relatively straightforward and take a few months. In others, they can be protracted and drawn out, taking years to resolve. These factors are:
- The severity of the conflict between the spouses
- The amount of property and assets that need to be divided
- The amount and complexity of child custody and support arrangements
- The willingness of the spouses to cooperate and compromise
- The availability of qualified legal counsel
Each case is unique, and the variables can vary depending on the case. In general, the more difficult the divorce is, the longer it will take.
Steps Involved in Getting a Divorce in Ontario
The first step in getting a divorce in Ontario is to file a divorce application in the Superior Court of Justice. This can be done personally or with the aid of a Toronto divorce lawyer, and there must be grounds for filing, as listed above. Included in the application are:
- Petitioner’s full name and address
- Respondent’s full name and address
- Date of marriage
- Date of separation
- Grounds for divorce
- A statement of facts outlining the reasons for divorce
Upon completion, the court will serve the application and a summons to the respondent, with 30 days to file a response. If the respondent fails to respond within that period or doesn’t file an objection at all, the court will deem that the individual has acknowledged the divorce and it will grant the petitioner a divorce by default.
However, if there is a dispute over the grounds for divorce, that case can be put before a judge for a court hearing. When making a decision, the court will consider the length of the marriage, the divorce grounds, and the best interests of the children (if any). If all the conditions are met, the court will issue a divorce decree.
Petitioners with children will also need to apply for an order to decide issues related to child custody and access. This can include any issues pertaining to child support, spousal support, or both, the visitation schedule, and relocation issues. The court will decide on the custody arrangement that is most likely to be in the best interests of the children.
Benefits of Getting a Divorce in Ontario
Closure
The most obvious benefit is the closure that it provides. When the marriage is officially over, so is the legal relationship between the two parties. They both can move on with their lives and start afresh.
Financial Relief
Divorce can also provide financial relief, especially if both partners are unable to agree on financial matters.
Improvement
Divorced individuals can establish new, healthy boundaries and better relationships with their former spouses and any children they have together.
Cost of Getting a Divorce in Ontario
The cost of getting a divorce can vary depending on several factors, including the type of divorce (contested or uncontested), the length of the divorce process, and the possibility of having children. Generally, it will include court filing fees, legal fees, and potentially other expenses such as mediation or expert testimony.
Uncontested divorces cost significantly less than contested divorces. The former is one in which both spouses agree on all of the terms of the divorce, including child custody and support, property division, and alimony. In most cases, it can be completed within a few months and will only require a minimal amount of legal fees.
The latter, on the other hand, comes at a more significant cost. In this case, both spouses are fighting for a specific outcome and will need to hire lawyers to represent them. The divorce process can take many months or even years to complete and can embed other expenses such as mediation or expert testimony.
In Ontario, the cost averages $632, which is payable in two instalments:
- 1st instalment: $212 (upon filing the application)
- 2nd instalment: $420 (when the case is set for hearing)
It is important to consult with a lawyer in Ontario to get a better understanding of how much a divorce application would cost in one’s specific situation.
Related article: How Much Does a Divorce Lawyer Cost in Toronto?
Tips for Reducing the Length of a Divorce Process
There are a few things that can be done to reduce the time it takes to get a divorce.
- Be as cooperative as possible with the other partner. Spouses who agree collectively on key issues have better chances of moving the process along.
- Have all the necessary information and documentation ready to submit to the court. This will help to avoid any delays.
- Be patient and stay focused on the end goal.
Conclusion
Any partner considering divorce needs to understand the process and how long it may take, which is the essence of this guide. Truth be told, it can be long and daunting, but with the right amount of patience and legal guidance, spouses can get it over with in no time. The key takeaway is to prepare all the paperwork and evidence necessary for the application, which can take a while. But once that is done, the court will proceed and grant the divorce.
Related article: Prenuptial Agreement
How To Do Your Own Divorce With Five Simple Steps
Do It Yourself Divorce Process
For those who agree to end their marriage, the process becomes easy. The reason is that they only need to draft a separation agreement with details on how to go about children’s support, visitation, and spousal support, among other vital issues. If there are no children, assets, or debts to be shared, the process becomes faster and less expensive. To be divorced, you must show a divorce order, and getting one is only possible if you apply to the relevant court. The grounds for your divorce will be based on your marriage breakdown, which is depicted below:
· Your spouse committed adultery.
Five Steps For Getting Started With Your Own Divorce
Doing your own divorce becomes easy with the below steps:
ü Divorce with child support, visitation, and custody division of assets or spousal support, among others
In both cases, if you and your partner seem to agree and have come up with a separation agreement, you are assured that you will have an uncontested divorce. But if there appears to be an issue about the divorce itself, divisions of your assets, and how to deal with children, you will have to file a contested divorce. In such a case, the judge will be forced to deal with your family issues.
2. Complete relevant forms to start your case: It’s good to note that there are different divorce forms for couples with children and those without. But generally, you will be needed to complete the below forms:
ü Application for divorce Form8A: The form is filled when the only claim is divorce. The form could either be for a simple or a joint application.
3. Submit your forms and supporting documents: Along with your forms, you may need your original marriage certificate, among other documents submitted to the court. But this will depend on the circumstance of your case. Make sure to keep a copy of the forms in case you may file and lose track. If you consider filing for divorce in Ontario online, you will get the instructions for completing the forms from the state’s court website. If you cannot locate the forms online, you can get help from a country clerk. After completion of your documents, the court will have to issue them. Meaning, they will have:
ü Registration of Divorce proceedings forms to be filled to ensure no other divorce has been made either by you or your spouse.
After all, is done, the court sends you a clearance certificate. Remember that you have to pay for court fees when filing your application and after the court reviews your divorce. If you cannot afford court fees, you may qualify for a fee waiver.
4. Serve your spouse: You have to serve your spouse with a copy of the application issued by the court within six months. Serving has to be done through a special service. You can ask a family friend or anyone to serve your spouse. The server must file an affidavit to prove that you served your spouse. If your spouse is outside Ontario, you can use the Hague Service Convention.
Five Survival Strategies You Need To Cope Up With Life After Divorce
During separation or divorce, everyone is filled with doubts, wondering whether it’s the right decision. Much more is how life will be after. No matter how well one is prepared, coping with separation and divorce can be very difficult. The prime months after divorce may even make you unproductive in your work. The fact is that healing takes time. Thus if you divorce in Ontario, you need to have some survival strategies to ensure you don’t get overwhelmed. When you choose to divorce, you should also be aware of the journey of ranging doubts or emotions. Nonetheless, learning how to cope with the situation may place you in a better position.
How Do I Thrive After Separation Or Divorce?
If you have just gone through a separation or divorce, I know you that your vibes about life may have feelings of low energy. Five strategies may help you shift your energy and enjoy your life after separation or divorce. They include:
- Have an experienced divorce lawyer: A good Toronto divorce lawyer will offer a shoulder to lean on. The lawyer who may have guided you through your divorce process may be well-equipped to help you. However, you must be willing to share your deepest feelings to get help. Though your lawyer may not have all the time to be with you, he/she can surely offer some great insights as they have dealt with such cases before.
- Get a good support network: There is no single strategy that may ease the pain that divorce brings. However, having a good support network may help you go a long way in getting to adapt to the new life. Life may be hard, especially for non-custodial parents who don’t have all the time to spend with the kids. They may spend a lot of time wondering how the kids will grow, whether there will be any attachment in the future, among other issues. You may get support from friends, colleagues, or your family.
- Maintain yourself: One of the worst things that people do after a divorce is to forget that their self needs love. After divorce, ensure to be good to yourself, take time to go on holidays, meet friends, have healthy diet and relax. Additionally, it would also help if you get enough sleep and exercise regularly. This way, you eliminate stress.
- Keep yourself busy: An empty mind is devil’s workshop. Don’t stay idle; instead, look for what makes you happy. Knowing your purpose will greatly help you develop a clear and easy way to handle life after divorce. If you keep your life lined up with your purpose and what you are, it will help you focus on how to deal with life.
- Let it go: You cannot thrive after divorce if you keep on holding to regrets or pain on whatever happened. If you keep thinking about, “what if, or if only,” you will truly have the hardest hit in your life. Consequently, this will deter you from moving onward. Every time thoughts come in your minds, ask yourself whether they will change anything. This doesn’t mean that you don’t have to acknowledge what you’re feeling.
Getting Help
If you’re thinking about separation or divorce and wonder how you will thrive afterwards, you only need to have an experienced lawyer on your side. The lawyer will help you go over the divorce smoothly, which will have a positive effect as you begin your life without your partner. However, if you have separated or divorced with your spouse and you’re unable to cope with life, you may get a professional marriage counselor.
Filing a Joint Divorce In Ontario
There are instances when a married couple mutually agrees that it is for the benefit of their relationship that they divorce. The agreement to divorce is in the best interests of the married couple and their relationship. It is possible for the couple to file for what is referred to as a joint divorce.
A joint divorce is a divorce option that is friendly and amicable. It takes the friendly factor one step further as there is no one party who files for divorce against the other. Rather, in a joint divorce all the documents are completed and executed by both parties. Parties to the divorce agree also on all other family law matters such as parenting, spousal support or division of property. A joint divorce is beneficial as both parties really feel that they are ending their relationship on the best possible terms. There is no focus on winning a divorce but rather just moving to the next chapter of a person’s life with minimal conflict.
In order for a couple to use the joint divorce process they must fall into the following criteria:
- One of the parties must be a resident of Ontario for one year prior to filing the joint statement of claim for divorce
- The basis or grounds for divorce can only be that the parties have been living separately and apart for one year prior to the divorce judgement being executed. It is important to note that if cruelty or infidelity is the grounds for divorce then this process cannot be used; rather they must use the uncontested divorce route.
With regards to the second criteria it is necessary to understand what constitutes separation for the purposes of divorce. As it is possible for you and your spouse to live in the same house and yet be considered to be living separate and apart for the purposes of the Divorce Act.
In order to complete the joint divorce application Ontario process for you, your Toronto divorce lawyer will need the following documentation from you:
- An original copy of your government-issued marriage certificate. If your marriage was out of the country and you do not have the marriage certificate you will need the marriage details and witness details for your wedding.
- If parenting is involved:
-your agreement on a parenting plan
-both parties’ income summary and agreement on child support, including the agreement on how to pay for additional expenses of the child (such expenses can include activities, education costs, medical or dental, and childcare) - If spousal support is involved then a breakdown of the agreement that you have reached on spousal support
It must be noted that on average it takes between 2 to 3 months from when your joint divorce application is filed with the court until the court actually grants your divorce. The divorce takes effect 31 days after your divorce has been granted. That being said it must be noted that some courts are much slower than others. As a result, there is no guarantee about timing.
Family Lawyers for Your Divorce In Ontario
You can’t just walk away. Instead, if you are legally married, you must obtain a legal divorce. This process will also involve resolving ancillary issues such as child custody, access to the children, child support, spousal support, and the division of property. Indeed, how To Get A Divorce In Toronto involves so many issues, hiring a Family Lawyer is highly recommended, no matter how amicable the dissolution of the marriage may be.
The first step in How To Get A Divorce In Toronto involves separation, when you are no longer living with your spouse. A formal separation is legal when the parties enter into an agreement that deals with the issues stated in the preceding paragraph. It is important to note that this does not result in a divorce, but rather sets parameters to define how the relationship will be going forward. However, if the parties come to an agreeable separation agreement, the likelihood of an “uncontested divorce” is much higher.
If you cannot reach a separation agreement, court involvement is likely to be necessary to make these decisions for you, through a process known as a “contested divorce.” This expensive and often time-consuming process usually calls for a lawyer to help you understand your rights, how to protect them and how to prosecute your claims and defend those brought against you in a way that you stand the best chance at having your interests met.
No matter what, in order to obtain a divorce, you must prove certain “grounds” that must include one of: (i) you and your spouse have lived separate and apart for one year or more, (ii) your spouse committed adultery or (iii) your spouse has inflicted such physical and/or mental cruelty against you to make it impossible for you to live together any more. The majority of marriages use the first category, sometimes known as a “no-fault” divorce. Even if true, the other two grounds require the time and expense of acquiring proof and presenting it to the court, rendering them uncommon and more difficult to obtain.
Living separate and apart for one year typically requires the spouses to maintain separate residences for that time period, even though leading separate lives, sleeping in separate rooms and having no intimacy will also likely serve to satisfy this category even if sharing a residence. Further, you can file your divorce action before the year has elapsed, but no divorce may be issued until the year has been met.
Circumstances during which the Court will halt a divorce proceeding include (i) if either or both spouses have deceived the Court, (ii) arrangements for child support, custody and access have not been made or (iii) neither spouse has resided in Ontario for less than a year.
Clearly, there is a lot to know regarding how to get a divorce. This is why there are experienced Lawyers out there to assist. Even if the issues an easily resolved and there is little dispute, it is important to make sure that all forms are properly completed and filed in order to obtain a proper divorce.
Uncontested Divorce in Ontario
When filing an uncontested divorce in Ontario
There are two types of cases:
Uncontested Sole Divorce: When both spouses are in agreement about the divorce and do not oppose the divorce, either the husband or wife files the divorce papers with the court asking for the divorce. Once the papers are filed with the court, your spouse is served with the divorce papers. Your spouse then has 30 days to contest or challenge the divorce or make a claim such as for support, property, custody, etc. If your spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the Ontario court.
Uncontested Joint Divorce: The second way to proceed is to file a joint divorce. In this type of filing, both the husband and wife sign and swear the divorce papers, including the Affidavit of Divorce. Neither spouse is suing the other for divorce – you are simply asking the Ontario court to grant a divorce based on separation. In a joint divorce application, spouses can also jointly ask the court to include an order relating to custody, access, support if both spouses agree to the terms. Couples prefer filing a joint divorce because filing in this manner does not require serving divorce documents on the other spouse.
Divorce Time Frame: The time that it takes to process an uncontested divorce in Ontario varies based on a number of factors. One of these factors may be the courthouse in which your divorce papers are filed. Family courts across Ontario vary in the time they take to process applications. However, as a general time frame, if all the necessary steps are taken and the documents are filed on time, it takes about 2 to 3 months to process the entire uncontested divorce in Ontario.
Clearance Certificate: Once the 8A application for divorce is filed, a document called the “clearance certificate” is sent from the Central Registry of Divorce Proceedings located in Ottawa, Ontario to the courthouse in which the divorce application is filed. This Registry keeps nation-wide records of divorce applications filed after July 2, 1968. If there is another divorce application involving the same two spouses, the Registry lets the courts know. If there are no other divorce applications involving the two spouses, the clearance certificate is sent and the divorce process moves forward. For more information about the Central Registry, you can click here.
I hope we were able to give you some of the information you required in order to make your decision about the type of divorce in Ontario that you will be filing. Whether you are filing a sole divorce or a joint divorce, our Family Lawyer can process your case or guide your decisions. Here is a link to recent publications about Family Law on the Department of Justice website.
Need information on the estimated cost for filing an uncontested divorce in Ontario? Seek FREE Consultation; Apply Online!
NOTICE AND DISCLAIMER: The material posted on this website is for informational purposes only and should not be relied upon as legal advice. If you are in need of legal advice relating to your particular situation it is highly recommended to consult with a lawyer.