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.
- Are you Eligible to File for Divorce in Ontario?
- What are the Legal Grounds to file for Divorce
- Select the Right Type of Divorce Application Form
- Know where to file your Application
- Divorce in Ontario Costs (Official and Lawyer’s Fees)
- How long it takes to get a Divorce in Ontario
- Can you Start the Divorce Process before one year of Separation?
- Can you file a Divorce Online?
- Get a Good Divorce Lawyer?
Tip 1: Are you Eligible to File for Divorce in Ontario?
Before you can file for a Divorce in Ontario, you must be
There is no possibility of reconciliation.
You or your Spouse has been a resident of Ontario for at least one year prior to filing for 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.
Tip 2: What are your Legal Grounds for Divorce?
In Canada, you can file for Divorce if one of three grounds are satisfied.
- At the time of hearing Divorce Application, the parties have been Separated for at least one year.
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.
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.
- Uncontested Simple Divorce
- Uncontested Joint Divorce
- 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/
Tip 5: How Much Divorce in Ontario Costs?
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.
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.
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.
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.
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
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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
- Divorce Consultation
- Drafting of All Divorce Documents
- Court Fees Not INCLUDED
- Service of Documents Court Fees Not INCLUDED
- Divorce Consultation
- Drafting All Documents
- Court Filing
- Court Attendance
- Responding to Judge's Objections
- Service of Documents NOT INCLUDED
- Court Fees NOT INCLUDED
- 1 installment before we start work
- 2 installment before we file in court
- 3 installment before Divorce Hearing