Complete and File the Divorce Application
Filling Out the Application
The first step in an uncontested divorce is filling out the required paperwork. For divorces in Ontario, you will need to complete the Application for Divorce (Form 8A). Here’s how to do it:
- Personal Information: Begin by filling out personal information about both parties, including names, addresses, and marriage details.
- Grounds for Divorce: The most common ground for uncontested divorce in Ontario is the separation of the spouses for at least one year. Ensure that this is reflected in the application if applicable.
- Details of Children (if applicable): If children are involved, provide information about custody, access, and support arrangements.
- Financial Details: You may need to declare any spousal support or property division agreements made between both parties.
- Signatures: Once complete, the applicant must sign the form, and if both spouses are filing together, both signatures will be required.
Make sure all sections are filled out accurately, as any errors can cause delays in the process.
Filing at the Court
Once the application is filled out, you need to file it with the Ontario Superior Court of Justice. Here’s how:
- Locating the Courthouse: You must file the application at the courthouse closest to where either spouse lives. Use the Court Services Ontario website to find the appropriate location.
- Submitting Documents: When you arrive at the court, you will need to submit the completed Application for Divorce (Form 8A), along with any supporting documents such as a Marriage Certificate. If you cannot locate your marriage certificate, you will need to obtain a certified copy from the province where you were married.
- Service of Documents: After filing, you will need to serve a copy of the documents to your spouse if they are not jointly filing. This can be done through personal service or via mail.
Keep in mind that some courts offer electronic filing options, which may speed up the process and eliminate the need to visit the courthouse in person.
Paying the Fees
There are fees associated with filing for divorce in Ontario, and it is essential to be aware of these costs upfront.
- Filing Fees: The total cost of filing for an uncontested divorce in Ontario is generally around $632, which is divided into two payments:
- $212 when submitting your application.
- $420 when your divorce is granted and you request a certificate of divorce.
- Fee Waivers: For those experiencing financial hardship, a fee waiver may be available. You can apply for this by completing a Fee Waiver Request Form and submitting it with your divorce application. If approved, this can eliminate or reduce the costs of filing.
Serving the Divorce Papers
Serving the Spouse
In Ontario, you cannot serve the divorce papers to your spouse directly; instead, a third party must complete this task. Here’s how to properly serve the divorce papers:
- Choosing a Third Party: The papers must be served by someone who is at least 18 years old and not directly involved in the case. This third party can be a family member, friend, or professional process server.
- Personal Service: The third party must physically hand the divorce papers to your spouse. This is known as personal service, which is the most common method in uncontested divorces. The server must ensure that the spouse personally receives the documents.
- Alternative Service Methods: If personal service isn’t possible, there are other options, such as service by registered mail or courier. In these cases, the spouse must sign for the documents upon delivery, and the signature serves as proof that they received the papers.
- Proof of Service: After the spouse has been served, the third party should note down the time, date, and location of service. This information is necessary for the next step: completing the Affidavit of Service.
Affidavit of Service
After serving the divorce papers, it’s essential to confirm that your spouse received them. This is done through an Affidavit of Service (Form 6B), which must be filed with the court.
- Filling Out the Affidavit of Service: The person who served the divorce papers must complete Form 6B, which includes:
- The full name of the person who served the documents.
- The method used to serve the papers (e.g., in-person, registered mail).
- The date, time, and location where the service was completed.
- Filing the Affidavit of Service: Once the affidavit is completed and signed, it must be submitted to the court where the divorce application was initially filed. This document is crucial because it serves as legal proof that your spouse has been properly notified of the divorce. Without this affidavit, the court cannot proceed with your uncontested divorce.
- Swearing the Affidavit: The affidavit must be sworn or affirmed in front of a commissioner for taking affidavits, which can typically be done at the courthouse or by a notary public.
Waiting Period and Response
30-Day Waiting Period
Once the divorce papers have been served, Ontario law requires a 30-day waiting period before the divorce can proceed. This waiting period serves as a buffer, giving your spouse time to review the documents and decide whether they wish to contest the divorce.
- Purpose of the Waiting Period: The 30-day period ensures that both parties have a reasonable amount of time to consider their options, including filing a response if needed. It is designed to protect the rights of both spouses, even in uncontested divorces.
- What Happens During the Waiting Period: During these 30 days, your spouse has the opportunity to file an Answer (Form 10) if they wish to contest any part of the divorce, such as custody arrangements or property division. In uncontested divorces, however, this rarely happens, as both parties usually agree on all the major terms before filing.
- Proceeding After 30 Days: If your spouse does not file a response within this period, the divorce can proceed without further involvement from them. The court will assume that your spouse agrees to the terms laid out in the divorce application.
Spouse’s Response
Here’s what to expect if your spouse does not contest the divorce during this time:
- No Response Filed: If no response is filed within the 30 days, this is a positive indication that your spouse does not intend to contest the divorce. The court will then proceed to finalize the divorce based on the information provided in the Application for Divorce (Form 8A).
- Next Steps: After the 30 days have passed, you can file a Request for Divorce Order to ask the court to issue the final divorce order. This is typically done by submitting a Form 36: Affidavit for Divorce, which confirms that all the legal requirements have been met and that there are no outstanding disputes between the parties.
- Finalizing the Divorce: Once the court reviews the documents and confirms everything is in order, the judge will issue a Divorce Order. This usually takes a few weeks, depending on the court’s workload. After the Divorce Order is granted, you can apply for a Certificate of Divorce, which is the official document confirming that the marriage has been legally dissolved.
Filing for Divorce Order
Request for Divorce Order
Once the 30-day waiting period has passed, and assuming your spouse has not contested the divorce, you are eligible to file for the Divorce Order. Here’s how to proceed:
- Filing the Request: You will need to submit a Form 36: Affidavit for Divorce to request the divorce order. This form includes information about the marriage, the separation, and confirmation that there are no unresolved issues, such as child support or property division, that could affect the divorce.
- Supporting Documents: Along with Form 36, you will also need to file:
- Proof of service (Affidavit of Service).
- A copy of your marriage certificate.
- Any written agreements related to child custody, support, or property division (if applicable).
- Submitting to the Court: The completed request and supporting documents must be submitted to the same court where you originally filed the divorce application. You can typically file these in person, by mail, or in some cases, electronically.
Judge’s Review
Once your request for a divorce order has been submitted, a judge will review the case to ensure all legal requirements have been met. The judge’s role is to verify that the divorce meets Ontario’s legal standards.
- Review Process: The judge will look over the divorce application, affidavit, and any supporting documents to confirm that:
- Both parties are eligible for divorce under Ontario law (e.g., you’ve been separated for at least one year).
- Proper service of the divorce papers was completed.
- Child custody, access, and support arrangements are in the best interest of any children involved.
- There are no outstanding disputes or reasons to delay the divorce.
- No Court Appearance Required: In most uncontested divorces, the review process is straightforward, and neither party is required to appear in court. The judge reviews the documents behind the scenes, and if everything is in order, they will proceed with granting the divorce order.
Issuance of Divorce Order
Once the judge has reviewed and approved the divorce application, the next step is the issuance of the Divorce Order. Here’s what to expect:
- Timeline for Issuance: After the judge approves the request, the court will issue the Divorce Order. The timeline can vary depending on the court’s workload, but it generally takes 4 to 6 weeks from the time you file the request until the order is issued.
- Receiving the Divorce Order: Once the Divorce Order is granted, you will receive a copy of the order from the court. This order finalizes the divorce, but the divorce will not be legally effective until 31 days after the order is issued. This 31-day period is known as the appeal period, during which either party can file an appeal to contest the divorce.
- Certificate of Divorce: After the 31-day appeal period, you can apply for a Certificate of Divorce from the court for a small fee. This certificate is the official document confirming that the marriage has been legally dissolved. It is often required for remarriage or for legal purposes such as changing your name.
Obtaining the Certificate of Divorce
Finalizing the Divorce: How to Apply for a Certificate of Divorce
After the judge issues the Divorce Order, there is a mandatory 31-day waiting period (also called the appeal period) before the divorce becomes legally effective. Once this period is over, you can apply for the Certificate of Divorce. Here’s how to do it:
- Eligibility to Apply: You can apply for the Certificate of Divorce on the 32nd day after the Divorce Order is issued, provided there have been no appeals or objections from either party.
- Where to Apply: You must apply for the Certificate of Divorce at the same courthouse where the original divorce application was filed. You can either visit the courthouse in person or, in some cases, submit the request by mail.
- Application Process: To apply, you will need to fill out a Certificate of Divorce Request Form (available at the court or online through the Ontario Courts website) and submit it along with the applicable fee. Fees typically range between $20 and $40, but it’s always best to check with the courthouse for specific details.
- Receiving the Certificate: Once the application is processed, the court will issue the Certificate of Divorce. You may be able to receive it immediately if you apply in person, or it will be mailed to you if you apply by post.
Legal Effect of the Certificate of Divorce
The Certificate of Divorce is an essential legal document with important implications. Here’s what you need to know about its legal significance in Ontario:
- Proof of Divorce: The Certificate of Divorce serves as official proof that your marriage has been legally dissolved. This is often required when dealing with legal matters post-divorce, such as changing your last name, updating government records, or applying for certain benefits.
- Remarriage: In Ontario, you cannot remarry until the Certificate of Divorce has been issued. The certificate confirms that you are no longer legally bound to your former spouse, making it a necessary document for remarriage in Ontario or any other jurisdiction.
- Other Legal Uses: The Certificate of Divorce may be required in certain legal proceedings, such as settling estate matters or updating legal documents (e.g., wills and power of attorney). It is important to keep the certificate in a safe place, as it could be needed for future reference.
- International Recognition: If you plan to move or remarry abroad, the Certificate of Divorce is often recognized internationally as proof of your marital status. Some countries may require you to have the certificate authenticated or certified by a notary or government body.