We understand that going through a divorce can be one of the most difficult times in life. That’s why we’re here to help. Our experienced team of lawyers is dedicated to providing you with the support and guidance you need to navigate this challenging process.
From negotiating child custody arrangements to dividing assets fairly, we’re here to ensure that your rights are protected and that you achieve the best possible outcome for your situation.
You don’t have to go through this alone. Let us be your trusted ally during this difficult time.
Filing for divorce in Ontario involves several steps and requirements. Here’s a breakdown to help you understand the process:
Residency Requirement
To file for divorce in Ontario, you or your spouse must have been living in the province for at least one year before starting the divorce process.
Grounds for Divorce
Ontario operates under a “no-fault” divorce system, meaning you don’t need to prove fault or blame to get a divorce. The only ground for divorce is that the marriage has broken down irretrievably, which is usually demonstrated by living separately for at least one year or by committing adultery or cruelty.
Legal Separation
If you and your spouse have been living separately for at least one year with the intention of ending the marriage, you can use this as proof that the marriage has broken down irretrievably.
Divorce Application
You need to fill out a divorce application form, which you can get from the courthouse or online. This form includes details about you, your spouse, and any children you have together.
Filing the Application:
Once you’ve completed the application form, you need to file it with the Ontario Superior Court of Justice. There is a filing fee, but you may be eligible for a fee waiver if you have a low income.
Serving the Application
After filing the application, you must serve a copy of it to your spouse. This can be done by mail or in person, but it must be done according to specific rules set by the court.
Waiting Period
After serving the application, there is a waiting period of at least 30 days before you can continue with the divorce process. This waiting period allows your spouse time to respond to the application if they wish to do so.
Divorce Order:
If your spouse does not respond to the application or if you and your spouse agree on all issues related to the divorce (such as property division and child custody), you can request a divorce order from the court.
Once granted, this legally ends your marriage.
Final Steps
After obtaining a divorce order, you may need to complete additional paperwork to officially end the marriage. This may include updating your personal records and notifying relevant government agencies.
Overall, the process of filing for divorce in Ontario involves meeting residency requirements, completing and filing the necessary paperwork, serving the application to your spouse, waiting for a response, and obtaining a divorce order from the court.
It’s important to understand and follow each step carefully to ensure a smooth and legally valid divorce process.
If you need further assistance or have questions about the divorce process in Ontario, please don’t hesitate to contact us. Our team of legal experts is here to help you navigate through the complexities of divorce proceedings and provide you with the support and guidance you need.
