What is an Uncontested Divorce in Ontario?
An uncontested divorce means both partners agree on the divorce and it happens in two ways – In an uncontested sole divorce, one partner files for divorce and the other partner gets the papers. If the other partner doesn’t respond or argue against it within 30 days, the divorce goes ahead smoothly without any issues. While in an uncontested joint divorce, both partners agree and sign the divorce papers together. They both tell the court they want the divorce. They can also ask the court together for decisions about children and support, if they agree on these things.
How To Start Your Uncontested Divorce Process
Here’s a simple explanation of how the quick uncontested divorce process works in Ontario, and don’t worry, we handle everything for you:
- Contact Us: First, get in touch for a free consultation. Our lawyer will review your situation and answer any questions.
- Information Exchange: If you’re ready to start immediately, we’ll ask some questions and gather the necessary information to begin the court process.
- Court Filing: We quickly file your divorce application at the Superior Court, officially starting your divorce.
- Serving Spouse: If you’re doing a sole divorce, we’ll send the official court divorce papers to your spouse and prepare the proof of service document.
- Affidavit of Divorce: After your spouse receives the papers and the required time passes, we’ll prepare your affidavit of divorce for the court.
- Second Court Filing: We’ll get together all the final papers, including the divorce order, and file them with your affidavit at the courthouse.
- Divorce Judgment: A judge at the Ontario Superior Court will review your paperwork and decide on your divorce.
- Final Divorce: Your divorce becomes official 31 days after the judge approves it and signs the order. Then, you’re legally divorced in Ontario.
We aim to make divorce process quick and affordable, being clear about the process and fees. And remember, consultations are always free.
Contact DivorceGO Family Law Offices
Visit our Toronto and Mississauga offices. Available six days a week. For appointments, please call us at either (416) 792-5400 for our Toronto location or (905) 949-1717 for Mississauga. Our business hours are Monday through Friday from 9:30 AM to 6:00 PM, and on Saturdays from 10:00 AM to 5:00 PM.
Ontario Uncontested Divorce Requirements
Living in Ontario: You or your spouse must have lived in Ontario for at least a year before you apply for a divorce.
Divorce Only: This process is just for getting a divorce, nothing else. You don’t need your spouse to work with you on this, but both of you should agree to the divorce. If you have other things to sort out, like child support or who keeps what, and can’t agree, you might need a lawyer. If your divorce starts easy but gets complicated, we can help you figure out what to do.
Reasons for Divorce: You can divorce if you’ve been separated for a year, or if there was cheating or cruelty. Being separated doesn’t always mean living in different houses; you can be in the same house but live separately. You can start the divorce before the year is up, but it won’t be finished until after the year.
Separation Agreement: You don’t have to have a separation agreement to get divorced, but many people do. It’s a cheaper way to decide things like child custody and who gets what, without going to court. If you include it with your divorce application, it’s a legal document that the court can enforce.
If You Can’t Find Your Spouse: Even if you don’t know where your spouse is, you might still be able to get divorced. Contact us for more information if this is your situation.
How to Apply For Uncontested Divorce in Ontario
Fill out Form 8A: This form is used when you and your spouse agree on the divorce and don’t have disagreements about things like kids or money.
Type of Uncontested Divorce:
Joint Uncontested Divorce: If both you and your spouse are filling out Form 8A together.
Simple Uncontested Divorce: If only one of you fills out the form.
Serving the Form: After filling out the form, the next step is to give it to your spouse. They can respond if they want, but the process can still move forward even if they don’t.
Free Consultation for Uncontested Divorce in Toronto