Step-by-Step Guide
Step 1: Confirm Eligibility for a Simple Divorce
Before filing, it’s important to ensure that you meet the requirements for a simple divorce. This type of divorce is uncontested, meaning both spouses agree to the divorce and its terms, such as property division, child custody, and support.
Residency Requirement:
To file for divorce in Ontario, one of the spouses must have been living in the province for at least 12 months before submitting the application. This is a legal requirement that must be met, regardless of where the marriage took place.
Grounds for Divorce:
In Canada, divorce is typically granted based on the breakdown of the marriage. The most common ground is a one-year separation period, where both parties have lived apart. Other grounds, like adultery or cruelty, are less frequently used for simple divorces but may apply in certain cases.
A Toronto divorce lawyer can help confirm if you meet the eligibility criteria and advise you on how to document your separation properly. This step is crucial to avoid potential delays in the court process due to incomplete or inaccurate information.
How a Divorce Lawyer in Ontario Can Help:
- Eligibility Assessment: A lawyer will review your situation to confirm you meet all the residency and separation requirements.
- Avoiding Legal Complications: They can identify any issues that might complicate the divorce, such as disputes over property, child support, or spousal support.
- Preparing Documentation: Your lawyer can ensure all forms and paperwork are completed correctly, which helps streamline the filing process and reduces the risk of your application being rejected by the court.
Step 2: Complete and Prepare the Necessary Documents
Key Documents for a Simple Divorce in Ontario:
Form 8A (Application for Divorce):
This is the primary document you’ll need to start the divorce process. Form 8A outlines your request for a divorce and confirms that the marriage has broken down. It includes essential details such as your names, addresses, and the grounds for the divorce, usually based on one year of separation.
A divorce lawyer in Toronto can assist in filling out Form 8A to ensure it is accurate and meets all legal requirements. Mistakes on this form can lead to delays or even a rejection of your application, making legal guidance invaluable.
Marriage Certificate:
You will need to provide a certified copy of your marriage certificate to prove that your marriage took place. If you do not have your marriage certificate, you can request a replacement from the appropriate government office. In cases where the marriage took place outside Ontario, additional steps may be needed, which your lawyer can help navigate.
Separation Agreement (If Applicable):
While not required for a simple divorce, a separation agreement can outline key details, such as child custody, child support, spousal support, and property division. Having a separation agreement in place can demonstrate that both parties are in agreement on these important matters, which may prevent potential conflicts during the divorce process.
Even if a separation agreement is not necessary for your situation, a divorce lawyer can help draft or review this document to ensure that your rights are protected.
Step 3: File the Divorce Application with the Court
Where to File the Divorce Application
You must file your divorce application at the courthouse in the jurisdiction where either you or your spouse currently resides. In Toronto, this could be one of the city’s family court locations. If you’re unsure of the correct court to file in, a divorce lawyer in Toronto can provide guidance based on your specific situation and ensure that you’re submitting your application to the appropriate location.
Filing Fees and Financial Considerations
Filing for a divorce in Ontario comes with associated court fees, which typically include:
- Filing Fee: The fee for submitting your divorce application.
- Final Divorce Order Fee: An additional fee is required when you request the final divorce order.
If you are experiencing financial hardship, you may be eligible for an exemption or waiver of the fees. A divorce lawyer can help assess your eligibility and guide you through the process of applying for fee waivers, ensuring that financial barriers don’t delay your divorce.
Step 4: Serve Your Spouse with Divorce Papers
Importance of Serving the Divorce Application
In Ontario, if you are filing for divorce alone (uncontested), you must serve your spouse with the divorce application. This step is vital because the court needs to confirm that your spouse has received the documents and is aware of the legal proceedings. Failure to serve your spouse properly can result in delays or complications in your case. A divorce lawyer in Toronto can ensure that this process is handled correctly to avoid any legal issues.
Methods of Service: Personal Service vs. Service by Mail
There are two primary ways to serve your spouse in Ontario:
- Personal Service: This is the preferred method, where someone other than yourself (e.g., a process server) personally delivers the divorce papers to your spouse. This method ensures that the documents are received directly by your spouse.
- Service by Mail: If personal service is not feasible, you can serve the documents by mail. However, this method comes with additional steps, such as obtaining your spouse’s signature as proof of receipt.
Each method must follow strict rules under Ontario family law, and a divorce lawyer in Toronto can advise you on the best approach based on your circumstances.
Affidavit of Service (Form 6B)
Once your spouse has been served, you must file an Affidavit of Service (Form 6B) with the court. This form is proof that your spouse has been properly served with the divorce papers. It includes details such as the date, time, and method of service. The individual who served the papers must complete this affidavit, and it must be filed with the court to proceed with your divorce.
Step 5: Waiting Period and Response
30-Day Waiting Period for Response
Once your spouse has been served, they have 30 days to file a response with the court. During this time, they can either agree to the terms of the divorce, object to specific elements such as child custody or property division, or request changes. If they do not file any response within the 30-day period, you may proceed with the divorce as uncontested, which typically speeds up the process.
If Your Spouse Does Not Respond
If your spouse does not respond within the 30-day waiting period, you can move forward with the divorce as a simple (uncontested) divorce. This means that there are no disputes over the terms of the divorce, and you can request a divorce order without further court hearings or negotiations. A divorce lawyer in Ontario can help you complete this process efficiently, ensuring that all paperwork is filed correctly and that your divorce is finalized as soon as possible.
If Your Spouse Responds with Objections
If your spouse files a response within the 30-day period and objects to certain aspects of the divorce, such as child custody, spousal support, or property division, the case becomes contested. In this scenario, the divorce process can take longer, as the court will need to address and resolve the disputed issues.
A Toronto divorce lawyer plays a vital role in this situation by:
- Expediting the Process: If your spouse does not respond, a lawyer can help you quickly move forward with obtaining a final divorce order.
- Handling Objections: If your spouse contests the divorce, your lawyer will represent your interests in court, negotiating on your behalf and working toward a resolution that aligns with your needs and legal rights.
- Avoiding Complications: In both contested and uncontested cases, a lawyer can anticipate potential issues and address them before they cause delays.
Step 6: Obtain a Divorce Order
Filing an Affidavit for Divorce (Form 36) and Divorce Order (Form 25A)
Once the 30-day waiting period has passed, and your spouse has either agreed to the divorce or not responded, the next step is to file two important forms with the court:
- Affidavit for Divorce (Form 36): This document affirms that all the conditions for a divorce have been met, including residency requirements, the breakdown of the marriage, and that your spouse was properly served. It also verifies that there are no outstanding disputes regarding the terms of the divorce.
- Divorce Order (Form 25A): This is the official request for the court to issue a final divorce order. Once granted, this document legally dissolves the marriage.
How the Court Grants the Final Divorce Order
Once your Affidavit for Divorce and Divorce Order forms are submitted, the court will review your application. If everything is in order and there are no complications, the court will grant the final divorce order without the need for a court hearing. This is typical in uncontested divorces where both parties are in agreement or where the spouse has not responded.
What to Expect:
- Issuance of Divorce Order: After the court grants the divorce order, you’ll typically receive the order in the mail. This document legally ends your marriage.
- Effective Date of Divorce: The divorce becomes legally final 31 days after the court issues the order. This 31-day period is a standard waiting time to allow for any potential appeals, although appeals in uncontested divorces are rare.
The Role of a Divorce Lawyer in Ontario:
- Ensuring Timely Filing: A divorce lawyer in Toronto will ensure that the Affidavit for Divorce and Divorce Order are filed correctly and on time, avoiding any unnecessary delays in the process.
- Managing Court Communication: Your lawyer will handle all communication with the court, including responding to any requests for additional documentation or clarifications.
- Finalizing the Divorce: If any issues arise during this final stage, such as objections from your spouse or errors in the paperwork, your lawyer will address them promptly to ensure the divorce is finalized smoothly.
Step 7: Finalize the Divorce
Divorce Becomes Final 31 Days After the Judge Signs the Divorce Order
Once the judge signs the divorce order, there is a 31-day waiting period before the divorce becomes final. This waiting period allows time for any potential appeals, although appeals in uncontested or simple divorces are rare. After the 31 days have passed, the divorce is legally finalized, and you are no longer married.
Importance of Obtaining a Certificate of Divorce
Once your divorce is finalized, it’s important to obtain a Certificate of Divorce. This document serves as legal proof that the divorce has been completed, and it may be required for various legal and personal purposes, such as remarrying, updating your marital status, or settling other legal matters.
To obtain this certificate, you can request it from the courthouse where your divorce was filed. A Toronto divorce lawyer can help you with this process to ensure you have all the necessary legal documentation for your records.
How a Divorce Lawyer in Ontario Can Assist:
- Obtaining the Certificate of Divorce: A divorce lawyer in Toronto can request the Certificate of Divorce on your behalf, ensuring you receive this important legal document without delay.
- Post-Divorce Legal Needs: After your divorce is finalized, you may need additional legal assistance, such as revising wills, updating beneficiary designations, or addressing any ongoing family law issues like child support or custody modifications. A divorce lawyer can provide guidance and support for these post-divorce legal matters.
- Ensuring Compliance with the Divorce Order: A lawyer can help ensure that all terms outlined in the divorce order, such as property division or spousal support, are followed through and that any necessary steps are taken to enforce the order if needed.