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How To File For Divorce in Ontario

How to File For Divorce in Ontario in 9 Simple Steps

The decision to end a marriage can be one of the most emotionally and legally challenging unless you know Important Tips on How to File For Divorce in Ontario. Here are 9 Tips you must know before you file your Divorce Application.

  1. Are you Eligible to File for Divorce in Ontario?
  2. What are the Legal Grounds to file for Divorce
  3. Select the Right Type of Divorce Application Form
  4. Know where to file your Application
  5. Divorce in Ontario Costs (Official and Lawyer’s Fees)
  6. How long it takes to get a Divorce in Ontario
  7. Can you Start the Divorce Process before one year of Separation?
  8. Can you file a Divorce Online?
  9. Get a Good Divorce Lawyer?
How to file for divorce in Ontario

Tip 1: Are you Eligible to File for Divorce in Ontario?

Before you can file for a Divorce in Ontario, you must be

  1. Legally Married.

  2. There is no possibility of reconciliation.

  3. You or your Spouse has been a resident of Ontario for at least one year prior to filing for Divorce.

Religious divorce

Marriage is not legally over if you have a religious divorce, but for some religions, this is a requirement should you wish to remarry in the same faith.

You obtain this type of divorce through your religious organization or place of worship and not the courts.

Many people exercise religious divorce to save cost as well as to comply with their religious requirements. If you have a religious divorce, you may face  difficulty in proving that you are legally Divorced in the eyes of Canadian Laws, since you do not have a Divorce Certificate issued by the Government of Canada.

Grounds for Divorce in Ontario Canada

Tip 2: What are your Legal Grounds for Divorce?

In Canada, you can file for Divorce if one of three grounds are satisfied.

  1. At the time of hearing Divorce Application, the parties have been Separated for at least one year.
  2. Adultery.
  3. Cruelty.

The most common and recommended ground for filing for Divorce is Separation for One year.

Many people do use Adultery or Cruelty grounds for Divorce but the time to prove Adultery and Cruelty would equally take one year, therefore it is always advisable to file for Divorce on the grounds of Separation.

Types of Divorce in Ontario

Tip 3: You Must Know the Type of Divorce Application to File in Ontario?

You want to Get a Quick Divorce in Ontario & You are seeking to save costs then you must know the difference between the types of Divorce Applications.

There are three types of Divorce Applications you can file in Ontario.

  1. Uncontested Simple Divorce
  2. Uncontested Joint Divorce
  3. Contested Divorce or Divorce with other relief. 

Simple Divorce in Ontario and  Joint Divorce is also commonly referred to as Uncontested Divorce.  Divorce Application form to use is for Uncontested Divorce is Form 8A and you would need to select if you are filing a Simple Divorce or Joint Divorce.

Comparatively, Uncontested Divorce is the quickest and cheapest way, to get a Divorce in Ontario, unlike contested Divorce. It is important to note that, if you are filing for Simple Divorce Or Joint Divorce, you are merely asking the court for Divorce only. However, in a Joint Divorce, you can ask the court to add other court orders as long as you have attached a legally binding Separation Agreement with your Divorce Application.

Difference Between Simple & Joint

The Difference between Simple and Joint Divorce is the service of documents. When you file a Simple Divorce you need to serve the copy of the Divorce Application on the other side. Whereas when you file a Joint Divorce you do not need to serve a copy of the Divorce Application on the other side.

Divorce with other relief is costly and time-consuming. You would need to use Divorce Application Form 8. This type of Divorce is usually filed when you are seeking other relief such as child support, the division of property, etc. The main focus is not Divorce but claim for other relief.

Therefore if you want to get a Quick and Cheap Divorce in Ontario then you should consider filing for Uncontested Divorce in Ontario.

Difference Between Uncontested & Contested Divorce

As the name suggests in an Uncontested Divorce the other party is opposing, disputing and/or challenging the claims filed in the Divorce Application.

Whereas in a Contested Divorce the other party is opposed to any or all of the claims filed in the Divorce application such as claim for child custody, child support, spousal support, division of property etc. 

The Difference between Simple and Joint Divorce is the service of documents. When you file 

 

Tip 4: Find out Where to File your Divorce in Ontario

You would need to file your Divorce Application in the municipality, where you or your spouse is resident or where the children are resident.

For example, if you are resident of Mississauga, the region of Peel then you would file your Divorce in Brampton Superior Court. If you are a resident of Halton region then you will file your Application in Milton. Remember that you need to go to the Superior Court of Ontario Counter and not Ontario Court. Many people get confused between the Superior Court and Ontario Court. It is always a good idea to go to the helpdesk to ask which counter will accept Divorce Applications.

Here is the link to find out the Court House nearest to you. https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/

how much a divorce in ontario costs
how much divorce in ontario costs

Court Fees
$632

Uncontested Divorce

Simple Or Joint
$750 + HST
Legal Fees

Contested Divorce

Minimum
$5000 + HST
Average Legal Fees for a Simple Case

Tip 5: How Much Divorce in Ontario Costs?

Court Fees

Total Court cost for Filing Divorce in Ontario is $632, to be paid in two installments of $212 and $420. This is a payment made in the name of Minister of Finance.

Cost of Process Server

Filing for a Divorce in Ontario without a Lawyer would still incur additional costs of the process server. This could go up to $250 in some cases, if not more.

Divorce Lawyer in Toronto Legal Fees 

Retaining a Lawyer would save you the stress of ensuring that you have filed the correct documents and effort to go to court multiple times as well as to ensure that the Divorce Application would not be rejected.  The Lawyer’s fees for an Uncontested Divorce could range from $499 to $2500 + Tax. Divorce Lawyer Fees for Contested Divorce start from $5,000 for a simple matter to $85,000 on average depending on the complexity of the case.

At Shaikh Law, we charge $499 + Tax for Drafting only and $750+ Tax for All-inclusive Package, with the option to pay in three installments.  

 

HOW LONG IT TAKES TO GET A DIVORCE IN ONTARIO

Tip 6: How Long it Takes to Get a Divorce in Ontario?

Uncontested Simple or Joint Divorce Application could take between 4 to 6 months. In some cases, it could take longer then usually if there is an issue with the legal names or previous divorce applications filed in court.

Whereas Contested Divorce with other relief could take months if not a year or two.

How to Get Divorce in Ontario

Tip 7: You Can Start the Divorce Process before One Year of Separation ?

Yes,  you can start the Divorce Application process six months before one year of Separation is complete. It is important to note that on the date of the hearing before the judge one year of Separation has to be completed. Therefore you can start the Divorce process before one year of separation.

Keep in mind the time spent to consult a lawyer, have the application drafted and filed. Also, the time spent to serve the application on the other side. This could take several weeks or months if the other party is not cooperating.

You should also remember that it takes about 4 to 8 weeks to get a Divorce Clearance certificate from Central Divorce Registry in Ottawa. Thereafter the matter is set down for a hearing before a Divorce Judge based on the judge’s availability.

  

divorce in Ontario online

Tip 8: Yes You Can Divorce Online in Ontario ?

Yes, you can file an Online Divorce. We get this question a lot “How to file for divorce in Ontario online?” The Government of Ontario has initiated a project whereby you can file online Divorce in Ontario.  

You can also start your Online Divorce in Ontario with Shaikh Law by Completing our online Divorce Application form and we will take care of everything else.

Shaikh Law Google Reviews

Tip 9: Do you need a Divorce Lawyer?

Ending a marriage often comes with a lot of upheavals, not least when it comes to the legalities. If you are looking to end your marriage legally, then you will need to apply to the courts for a divorce order, and in this Article we attempted to help you through the ins and outs of the legal requirements. You learnt step by step process on how to File For Divorce in Ontario.

It is, of course, best to have a reputable divorce lawyer in Ontario to assist with this side of things, particularly if there is property to be divided between you, or there are children involved. 

Retaining a Good Divorce Lawyer in Toronto cannot be emphasized enough. It is possible to File for Divorce in Ontario without a Lawyer but Divorce Lawyers are trained to handle Family Cases and they will be responsible to ensure that your Divorce Application is not rejected.

At Shaikh Law, we make sure that your Divorce Application is not rejected. If it is refused for any reason we will refund your legal fees in full. 

In this article, we have provided comprehensive tips on how to file for divorce in Ontario. If you still have any questions, Our Firm provides Free Consultation over the phone. Feel Free to reach out to us

What Our Divorce Lawyer Toronto Can Do For You

Simple or Joint Divorce

Uncontested Divorce

Contested Divorce

01

Professional

We deal with every file Professionally 

02

Focused

Lazer Focused Approach to help our Clients

03

Serious

Serious about  delivering results for our clients

Divorce Lawyer Toronto Costs

Court Fees for Divorce in Ontario Costs $632 is NOT INCLUDED. Our Divorce Lawyer Toronto Cost range from $499 + HST to $750 + HST.

Basic Drafting Only

$ 499
00+ Tax
  • Divorce Consultation
  • Drafting of All Divorce Documents
  • Court Fees Not INCLUDED
  • Service of Documents Court Fees Not INCLUDED

Complete Package

$ 750
00+ Tax
  • Divorce Consultation
  • Drafting All Documents
  • Court Filing
  • Court Attendance
  • Responding to Judge's Objections
  • Service of Documents NOT INCLUDED
  • Court Fees NOT INCLUDED
Popular

Payment Plan

$ 250
00+ Tax
  • 1 installment before we start work
  • 2 installment before we file in court
  • 3 installment before Divorce Hearing

Divorce Process in Ontario in Simple Steps

Step 1
Contact Us

Free Consultation

Step 2
Start Online Divorce Application

Click Here to Get Started Online

Step 3
Submit Your Documents Online

Provide Documents & Information requested when you clicked on Get Started Online

Step 3
Sign Divorce Application

Once we have received all your documents we will set up an appointment for your come in and sign all divorce documents

Step 4
We Submit Documents in Court

We will file Documents & Pay Divorce in Ontario Cost

Step 5
Service of Divorce Papers on other Party

We will coordinate with the process server to serve Court Papers to the other party. You do not have to do anything.

Step 6
Wait 2 months for Divorce Registry

You only have to come once to sign the documents. We will take care of everything

Step 7
Set Divorce Hearing Date

We will appear in court on your behalf. You do not have to do anything!

Step 8
Get Divorce Order

You will get a Divorce Order in Regular Mail.

Step 9
Get Divorce Certificate after 30 days

You are Free and Our Client is Happy!

We Will Help You Every Step Of The Way

“A law is valuable, not because it is a law, but because there is right in it.”

henry ward beecher

Meeting Locations

Shaikh Law Firm – Toronto Downtown Branch

Brookfield Place
161 Bay Street, 27th floor,
Toronto, Ontario M5J 2T2
Canada
Phone: 9057957757
Fax: 905 795 1271
Email: info@slclawyer.ca

By Appointment Only

Divorce Lawyer Toronto Free Consultation

What We Can Do For You

Drafting All Document

Submission of Documents

Drafting All Document

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