Obtain a Dirvoce in Ontario

Understanding the Basics

Before you begin, it's important to understand some basic information about divorce in Ontario:

Residency Requirement: Either you or your spouse must have lived in Ontario for at least one year before you can apply for a divorce.

Grounds for Divorce: In Canada, the most common ground for divorce is living separate and apart for at least one year. Other grounds include adultery or cruelty.

Steps to Obtain a Divorce in Ontario

1. Decide on the Type of Divorce

There are two types of divorce applications in Ontario:

Uncontested Divorce: Both parties agree on all issues related to the divorce, such as property division, child custody, and support. This is usually quicker and less expensive.Contested Divorce: The parties cannot agree on one or more issues, and the court will need to make decisions on their behalf.

2. Gather Required Documents

You'll need several documents to start the divorce process, including:

Marriage Certificate: A copy of your marriage certificate is required. If you don't have one, you can obtain it from the province or country where you were married. Separation Agreement (if applicable): This document outlines the terms agreed upon by both parties regarding assets, custody, and support.

3. Complete and File the Application

To file for divorce in Ontario, you'll need to complete the following forms:

Form 8A - Application for Divorce

Form 6B - Affidavit of Service

Form 36 - Affidavit for Divorce

You can find these forms online on the Ontario Court Forms website.

After completing the forms, file them with the court. You'll need to pay a filing fee, which can be paid at the time of filing. If you cannot afford the fee, you may request a fee waiver.

4. Serve the Documents

Once you’ve filed your application, you need to serve the documents to your spouse. This can be done by a third party, such as a friend or a process server. Ensure you complete and file Form 6B (Affidavit of Service) to confirm that your spouse has been served.

5. Attend Court (If Necessary)

For an uncontested divorce, you may not need to appear in court. However, if your divorce is contested, you'll likely need to attend court hearings. The court will review your case and make decisions based on the evidence presented.

6. Obtain the Divorce Order

If everything is in order, the court will issue a Divorce Order. In the case of an uncontested divorce, this typically happens without a court appearance. The Divorce Order will legally end your marriage 31 days after it is granted.

7. Get Your Certificate of Divorce

After the 31-day period, you can request a Certificate of Divorce from the court. This certificate officially confirms that your marriage has been dissolved.

Tips for a Smooth Process

Seek Legal Advice: Consulting with a family lawyer can help you understand your rights and obligations, especially in contested cases.

Consider Mediation: If you and your spouse are struggling to reach an agreement, mediation can be a helpful way to resolve disputes without going to court. Stay Organized: Keep copies of all documents and correspondence related to your divorce. This will help ensure nothing is overlooked.

The divorce process in Ontario involves several steps, but understanding these steps can help you navigate it more smoothly. Whether your divorce is uncontested or contested, being prepared and seeking help from Angela and her team at Grant Lee Law will help you every step of the way and will answer any questions you may have. Angela Grant-Lee and her invaluable team are a phone call away at 905-315-6837!