How to Get Divorce in Ontario

9 Tips

 How to Get A Divorce in Ontario

(Quick & Simple Divorce)

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.

Tip 2: What are Grounds to file for Divorce in Ontario?

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: Types of Divorce Application?

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.

 

 Tip 4: Know where to file your Application?

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/

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

Court Fees
$632

Uncontested Divorce

Simple Or Joint
$750 + HST

Contested Divorce

Minimum
$5000 + HST

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Divorce in Ontario Cost

Court Fees
$632

Uncontested Divorce

Simple Or Joint
$750 + HST

Contested Divorce

Minimum
$5000 + HST

Tip 5: Divorce in Ontario Costs (Official and Lawyer’s 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.

 

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.

 

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 $765 + Tax.

 

At Shaikh Law, we charge $499 + Tax for Basic Package and $750+ Tax for All-inclusive Package, with the option to pay in three installments.  To Learn More about our Uncontested Divorce in Ontario Cost.

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.

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

Tip 7: Can you 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: Can you file a Divorce Online?

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.

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Tip 9: Get a Good Divorce Lawyer?

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. Our Lawyers are ranked among the best Divorce Lawyers in Toronto because we stand by our word to ensure the Divorce Application is granted, if it is refused for any reason we will refund your Legal fees in Full. We have a 100% success rate for our Divorce Applications filed across GTA.

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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