5 Tips
Uncontested Divorce In Ontario

Uncontested divorce, also known as simple divorce, is a popular option for couples who want to end their marriage quickly, amicably and with minimal stress. It is a cost-effective and efficient option for many couples.

In an uncontested divorce, both parties agree on all issues related to the divorce, including child custody, spousal support, and property division, generally by way of a separation agreement executed in advance.

However, even in an uncontested divorce, it is important to seek the guidance of a qualified divorce lawyer to ensure that all legal requirements are met and to provide expert advice on financial and custody matters.

In this article, we will share five tips that you must know about simple divorce or uncontested divorce in Ontario. By following these tips, you can ensure that your uncontested divorce is handled with care, expertise, and professionalism and that your interests and rights are protected throughout the process.

Tip 1: Know the Difference

Types-of-Divorce-in-Ontario

What is the difference between Contested and Uncontested

The key difference between uncontested and contested divorce is that in an uncontested divorce, the parties agree on all issues related to the divorce, including child custody, spousal support, and property division, through a legally binding separation agreement. In contrast, in a contested divorce, the parties cannot agree on one or more issues, and the court must intervene to resolve them.

In an uncontested divorce, the parties are able to negotiate a separation agreement outside of court through methods such as mediation, collaborative law, or direct negotiations with the help of their separation lawyer. The separation agreement is a legally binding contract that outlines the terms of the separation between the parties, and once signed by both parties, it is filed with the court to be made a part of the final divorce order.

In a contested divorce, however, the parties are unable to reach an agreement on one or more issues and may need to go to court to have these issues resolved by a judge. This can be a lengthy and expensive process, as both parties may need to hire lawyers, attend court hearings, and provide evidence to support their claims.

In summary, the key difference between uncontested and contested divorce is the level of agreement between the parties. In an uncontested divorce, the parties agree on all issues and finalize their divorce through a legally binding separation agreement, while in a contested divorce, the parties are unable to reach an agreement and may need to go to court to have the issues resolved.

Contested and Uncontested Divorce in Ontario

Can Uncontested Divorce become Contested

While uncontested simple divorce in Ontario is generally a straightforward and efficient process, it can become contested if the respondent files an answer with additional claims, such as child custody, spousal support, or division of property. To avoid this scenario, it is always recommended to have a legally binding separation agreement in place before filing for an uncontested divorce, as this can help settle all other issues in dispute.

Having a separation agreement can help ensure that both parties are clear on the terms of the divorce settlement and can prevent disagreements from arising later on. It can also save time and money, as parties can avoid the need to go to court to resolve any disputes.

It is a good idea to have a qualified divorce lawyer review the separation agreement and ensure that it meets all legal requirements. This can help prevent future disputes and the need to convert an uncontested divorce to a contested one.

What is the difference between A Simple & Joint Divorce

Simple divorce and joint divorce are both types of uncontested divorce in Ontario, but there are some differences between them.

In a simple divorce, one party files for divorce, and the other party does not file an answer or contest the divorce. As long as the parties have been separated for at least one year and all other legal requirements are met, the court can grant the divorce without the need for a court hearing. A simple divorce is generally a straightforward and cost-effective option for couples who are able to agree on all issues related to divorce.

In a joint divorce, both parties file for divorce together, and they must file a joint application for divorce with the court. This type of divorce is generally used when the parties agree on all issues related to the divorce and want to avoid the time and expense of having one party file for divorce and the other party respond. Joint divorce can be a faster and more efficient option for couples who are able to work together and agree on all issues related to divorce.

The main difference between simple divorce and joint divorce is the process of filing for divorce. In a simple divorce, one party files for divorce and the other party does not contest it. In a joint divorce, both parties file for divorce together. Both types of divorce can be uncontested and amicable, but joint divorce requires the cooperation of both parties from the outset.

Tip 2: Eligible to File Divorce in Ontario

How-to-file-for-divorce-in-ontario

Are you Eligible to File for Divorce in Ontario?

In Ontario, before you can file for a divorce, you must meet certain eligibility requirements. Firstly, you must be legally married, and there must be no possibility of reconciliation between you and your spouse. Additionally, either you or your spouse must have been a resident of Ontario for at least one year prior to filing for divorce.

You must also establish one of the three grounds for divorce, which are separation for at least one year, adultery, or physical or mental cruelty.

It is important to note that if you have obtained a religious divorce, this does not legally end your marriage in Canada. While some religions require a religious divorce before remarriage in the same faith, you will still need to obtain a legal divorce to have your marriage legally recognized as ended in Canada.

You can obtain a religious divorce through your religious organization or place of worship, but this does not provide you with a Divorce Certificate issued by the Government of Canada. Without a Divorce Certificate, you may face difficulties in proving that you are legally divorced in the eyes of Canadian laws.

It is recommended that you speak with a qualified divorce lawyer to discuss your options and ensure that your interests and rights are protected throughout the divorce process.

Tip 3: Make sure you have a separation agreement in place

If you’re considering filing for an uncontested divorce in Ontario, it’s important to understand that this type of divorce only works if all issues related to child custody, support payments, and property division are resolved. To ensure that these issues are settled and avoid future disputes, it’s highly recommended to have a separation agreement in place.

A separation agreement is a legally binding document that outlines the terms of your divorce settlement. It can cover issues such as child custody, support payments, and the division of property. Having a separation agreement in place can help ensure that both parties are clear on the terms of the divorce settlement and prevent disputes from arising in the future.

In summary, if you’re considering filing for an uncontested divorce in Ontario, it’s important to have a separation agreement in place to ensure that all issues are resolved and prevent future disputes. A separation agreement can provide peace of mind and ensure a smoother transition to post-divorce life.

Tip 4: How Much Does It Cost To Get a Divorce In Ontario

Divorce in Ontario Costs $669.

As of 1 January 2023, the Court Fees for all Divorce Applications in Ontario Costs $669, payable in two installments of $224 and $445. The first payment of $224 is payable at the time of filing the application, and the second payment of $445 is due at the time of setting the matter down for a divorce hearing.

A divorce Lawyer costs $750 + HST for a simple divorce in Ontario, also known as an uncontested divorce. Conversely, a contested divorce in Ontario costs thousands of dollars because of the number of claims and complexity of divorce. Therefore total cost for a simple divorce in Ontario would be $1,516.50, all-inclusive. 

Uncontested Divorce Costs

LEGAL FEES

COMPLETE PACKAGE
$ 750 + HST
  • Divorce Consultation
  • Fully Managed by our Law Firm
  • Drafting of all Court Documents
  • Submission of all Court Documents
  • Court Attendance
  • Responding to Judge's Objections
  • Obtainging Divorce Order
  • Applying for Divorce Certificate
  • Simple Uncontested Divorce Only
  •  
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Disclaimer

Our all-inclusive flat legal fees for an uncontested divorce in Ontario are based on filing a claim for divorce only for parties based in Ontario. If you have additional claims, then you may need a separation agreement before filing for an uncontested divorce, or you may need to file a contested divorce. Similarly, if the other party files a  claim in response to your application for a simple divorce, your application becomes a contested divorce. 

Please contact our divorce lawyers in Toronto for a free consultation.

Expenses such as court fees of $632 and the cost of service of documents (approx $99 for the Greater Toronto Area) are not part of our legal fees.  Additional fees and costs may apply if the other party is not based in Ontario. 

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Tip 5: Know The Time Line

How Long Does It Take To Get A Divorce In Ontario

After filing an uncontested divorce application, the process typically takes between four to six months to finalize. However, it is important to note that these timelines are estimates only, and there is no guarantee that a divorce will be finalized within this timeframe.

Divorce Certificate is Issued 30 days from the date of Divorce Order

Can you start the divorce process before one year of separation ?

YES, It is possible to start the Divorce Application process six months prior to the completion of one year of separation. However, it is important to note that on the date of the hearing before the judge, one year of separation must be completed. Therefore, it is permissible to initiate the Divorce process before the completion of one year of separation.

It is also important to consider the time required for consulting with a lawyer, drafting and filing the application, and serving it on the other party. This process can take several weeks or months if the other party is uncooperative.

It should be noted that obtaining a Divorce Clearance certificate from the Central Divorce Registry in Ottawa typically takes 4 to 8 weeks. Once the certificate is obtained, the matter is scheduled for a hearing before a Divorce Judge, based on their availability.

FAQ

A divorce lawyer is a legal professional who specializes in the laws and procedures associated with ending a marriage. They can provide legal advice, represent you in court, and help negotiate settlements regarding property division, child custody, spousal support, and other issues that arise during a divorce.

Hiring a divorce lawyer is crucial in safeguarding your rights and interests throughout the divorce process. Navigating the legal complexities of a divorce without expert guidance can be overwhelming and may result in unfavorable outcomes. Here are some key reasons why engaging a divorce lawyer is highly recommended:

  • Understanding of Legalities: A divorce lawyer has an in-depth understanding of family law and can help you grasp the intricate legal aspects that may affect your case. Laws can be complex, and having someone experienced to interpret them for you is invaluable.

  • Objective Advice: Emotions can run high during divorce, and having an objective legal advisor can help you make decisions that are in your best interest, rather than being driven by emotions.

  • Proper Documentation: There is a plethora of paperwork involved in divorce proceedings. A lawyer ensures that all documents are correctly filled out and filed within the necessary timelines, mitigating the risk of delays or rejections by the court.

  • Negotiation Skills: A skilled divorce lawyer has the experience and expertise to negotiate effectively with the opposing party, which is vital in reaching a fair settlement, particularly when it comes to sensitive issues like child custody or property division.

  • Court Representation: If your case goes to trial, a lawyer can represent you in court, presenting your case in the most compelling manner and advocating for your rights.

  • Peace of Mind: Knowing that a professional is handling the legalities can provide peace of mind during an emotionally taxing period, allowing you to focus on rebuilding your life.

Example Scenario:

For instance, consider a case where a couple is divorcing and they own a house. One partner may want to sell the house and split the proceeds, while the other wants to keep it. Negotiating such a situation can be tense and complicated.

An experienced divorce lawyer can analyze the circumstances, including each party’s financial situation, contributions to the house, and the best interests regarding children, if any. With this analysis, the lawyer can devise a strategy for negotiations and provide the court with reasoned arguments if necessary.

In this scenario, having a lawyer could mean the difference between reaching an equitable resolution or ending up with an unfavourable outcome. It emphasizes the significance of professional legal representation and advice during a divorce.

Hiring a lawyer is an investment in your future, and it is essential to choose someone you trust and feel comfortable with.

To file for divorce in Ontario, you must submit an application to the Superior Court of Justice. You or your spouse must have been residents of Ontario for at least one year before filing. Your lawyer can help you in preparing and filing the necessary paperwork.

We have a Comprehensive Guide on How to File for Divorce in Ontario: 9 Essential Steps

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Yes, online divorce is legal in Ontario. The Ontario Family Law Act allows for online submission and management of divorce proceedings as long as all required information and documents are accurately provided.

  1. Our online divorce process involves simple steps:

  • Fill out our secure online questionnaire.
  • We review your information and prepare all necessary documents.
  • You sign the documents electronically.
  • We file the documents with the court on your behalf.
  • We deliver the final divorce decree electronically.

The duration varies depending on the individual case, but typically, an online divorce can be finalized within a few months. We ensure the process is as quick and efficient as possible.

Ontario follows the equalization of family property, which means that the value of any property that was acquired during the marriage and still exists at separation is divided equally between the spouses. However, there can be exceptions, and a divorce lawyer can help you understand the specific circumstances.

Yes, as long as both parties agree on the arrangements, including child custody, child support, and property division, you can proceed with an online divorce. You would need a separation agreement in place before you can proceed with an uncontested online divorce in Ontario.

Our services are aimed at uncontested divorces where both parties agree on all matters. If there are disagreements, we recommend seeking legal advice or mediation services to resolve these issues before proceeding with the online divorce.

We offer legal services for separation agreements as well as contested divorce services as well, you can request a free consultation.

You must establish one of the three grounds for Divorce.

a. separation for one year.

b. adultery.

c. cruelty.

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On average, it takes 4 to 6 months to complete a simple divorce in Ontario, also known as an Uncontested Divorce in Ontario. However, if there are additional claims other than divorce, such as custody, support or division of property, then it could take several months or years to complete.

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Divorce in Ontario Costs $669.

As of 1 January 2023, the Court Fees for all Divorce Applications in Ontario Costs $669, payable in two installments of $224 and $445. The first payment of $224 is payable at the time of filing the application, and the second payment of $445 is due at the time of setting the matter down for a divorce hearing.

A divorce Lawyer costs $750 + HST for a simple divorce in Ontario, also known as an uncontested divorce. Conversely, a contested divorce in Ontario costs thousands of dollars because of the number of claims and complexity of divorce. Therefore total cost for a simple divorce in Ontario would be $1,516.50, all-inclusive. 

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A Divorce is granted is where a spouse who is legally married wishes to terminate his or her marriage by way of Divorce Proceedings before the Family Court of Law. Whereas Annulment of marriage is granted by a Civil Court of Law declaring that the Marriage was null and void or in other words the marriage did not exist in the first place. 

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There are Three Types of Divorce Applications in Ontario.

  1. Simple Uncontested Divorce
  2. Joint Uncontested Divorce
  3. Divorce with other contested relief.

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Child custody in Ontario is determined based on the best interests of the child. The court considers several factors, including the child’s wishes, the parent’s ability to care for the child, and the child’s emotional ties to the parent.

Spousal support, or alimony, is a payment made by one spouse to the other after separation or divorce to recognize the recipient’s contribution to the marriage and to assist them in becoming financially independent. It is determined based on factors such as the length of the marriage, the roles during marriage, and the recipient’s need for support.

Ontario follows the equalization of family property, which means that the value of any property that was acquired during the marriage and still exists at separation is divided equally between the spouses. However, there can be exceptions, and a divorce lawyer can help you understand the specific circumstances.

Yes, you can represent yourself in a divorce proceeding in Ontario, but it is often not advisable, especially if there are complex issues such as property division, child custody, or spousal support involved. Having a lawyer can help you navigate the legal system more effectively.

Not necessarily. If you and your spouse agree on the terms of the divorce, you may be able to finalize the divorce without appearing in court. However, if there are disagreements that you cannot resolve, a court may need to make the final decision.

Find a Divorce Lawyer Near You

We serve clients across Greater Toronto Area and commonly appear at the following court locations. 

Divorce Lawyer Toronto | Divorce Lawyer Mississauga | Divorce Lawyer Brampton |Divorce Lawyer Hamilton | Divorce Lawyer Barrie

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