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How To File For Divorce in Ontario

A Comprehensive Guide on How to File for Divorce in Ontario:
9 Essential Steps

Divorce is an emotionally charged process and, without the right knowledge and guidance, it can also be a legally challenging one. This article provides a roadmap for those considering divorce in Ontario, detailing the steps you should take. We believe that while you certainly have the option to handle your own divorce, hiring a knowledgeable divorce lawyer can save you from potential pitfalls, providing you with the needed peace of mind during this difficult time. Here are nine crucial steps to follow when filing for divorce in Ontario.

Step 1. Determine Your Eligibility

Before initiating a divorce in Ontario, several conditions must be met:

1. A Legal Marriage: You must be lawfully wedded.

2. Irreconcilable Differences: There should be no prospect of reconciling the marriage.

3. Ontario Residency: You or your spouse must have resided in Ontario for at least one year before commencing the divorce proceedings.

The Role of Religious Divorce

It’s important to note that a religious divorce does not legally dissolve a marriage, although some faiths require it for remarriage within the same religion.

This type of divorce is obtained through your religious institution or place of worship, not the court system.

While some people pursue religious divorce to reduce costs or fulfill religious obligations, it may lead to complications. Without a Divorce Certificate issued by the Government of Canada, proving your legal divorce status under Canadian law could be challenging if you’ve only undergone a religious divorce.

Navigating this initial stage can be simplified by consulting with a divorce lawyer, who can verify your eligibility and explain the requirements.

Grounds for Divorce in Ontario Canada

Step 2. Understand the Legal Grounds for Divorce

Understanding the grounds for divorce is crucial before you file your application. In Canada, there are three grounds for divorce, as defined by the Divorce Act:

  • Adultery
  • Mental or physical cruelty
  • Separation for at least one year

While proving adultery or cruelty can expedite the process, it may also complicate your case. On the other hand, separation for at least one year is the most common and least contentious ground. A divorce lawyer can help you understand these grounds better and advise you on the most appropriate one for your situation.

Step 3. Understanding Which Type of Divorce Application to File in Ontario

If your goal is to achieve a swift divorce in Ontario and keep expenses low, understanding the various types of divorce applications is crucial.

Three types of divorce applications can be filed in Ontario:

1. Uncontested Simple Divorce
2. Uncontested Joint Divorce
3. Contested Divorce or Divorce with Additional Relief.

Both Simple and Joint Divorce fall under the category of Uncontested Divorce. The divorce application form for these types is Form 8A, where you’ll need to specify whether you’re filing a Simple or Joint Divorce.

In comparison, an Uncontested Divorce is generally the fastest and least expensive route to finalizing a divorce in Ontario, as opposed to a Contested Divorce. It’s essential to understand that when you file for a Simple or Joint Divorce, your application is strictly requesting the divorce. However, with a Joint Divorce, you can request additional court orders, provided that you’ve included a legally binding Separation Agreement with your divorce application.

Distinguishing Between Simple & Joint Divorce

The key difference between Simple and Joint Divorce lies in the service of documents. When filing for a Simple Divorce, you’re required to serve a copy of the Divorce Application to the other party. In contrast, when filing for a Joint Divorce, serving a copy of the application to the other party isn’t necessary.

Divorce with additional relief is more costly and time-consuming. For this, you would need to use Divorce Application Form 8. Typically, this type of divorce is pursued when seeking additional relief such as child support, property division, and more. In such cases, the primary focus extends beyond the divorce to other relief claims.

Therefore, if you seek a quick and cost-effective divorce in Ontario, consider filing for an Uncontested Divorce.

Differentiating Between Uncontested & Contested Divorce

As the terminology implies, in an Uncontested Divorce, the other party doesn’t contest, dispute or challenge the claims stated in the Divorce Application.

Conversely, in a Contested Divorce, the other party objects to some or all the claims made in the Divorce Application. These may include claims related to child custody, child support, spousal support, property division, etc.

Again, the type of application you choose depends on your specific circumstances, and a skilled divorce lawyer can guide you in making this crucial decision. 

Step 4: Determining Where to File Your Divorce in Ontario

Your divorce application must be filed in the municipality where either you, your spouse, or your children reside.

For instance, if you are a resident of Mississauga, located in the Peel region, your divorce application should be filed at the Brampton Superior Court. If you reside in the Halton region, your application should be submitted in Milton. Keep in mind that your divorce application is to be presented at the Superior Court of Ontario counter, not the Ontario Court. People often confuse the two. It’s advisable to approach the helpdesk to confirm which counter accepts divorce applications.

To find the courthouse nearest to you, you can visit the following link: https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/

How-much-does-a-simple-divorce-cost-in-Ontario

Step 5. Preparing and Filing the Divorce Application

As you proceed with the process of divorce, one of the most critical steps involves preparing and filing the divorce application.

Navigating the divorce process requires a deep understanding of the necessary steps, beginning with the preparation of your application and culminating in the receipt of your divorce order and certificate.

Here, we’ll walk you through the typical steps involved in the divorce application process:

  1. Prepare the Application: The first step involves obtaining and accurately completing the right forms. In Ontario, the forms you’ll need are Form 8A for an uncontested divorce, or Form 8 for a contested divorce or divorce with other claims. In these documents, you’ll be required to outline the grounds for your divorce and any additional claims you may have, such as child custody, spousal support, or property division. These forms must be accurately completed and submitted, outlining the reason for the divorce and any other claims, such as child custody, spousal support, or property division.

  2. File the Application: Once you have filled out the forms, the next step is to file your divorce application with the appropriate court, usually the Superior Court of Justice or the Family Court branch of the Superior Court of Justice in your area. Remember, the application must be filed in the municipality where either you or your spouse currently live.

  3. Serve the Application: The completed divorce application must then be served to your spouse. This crucial step ensures your spouse is informed about the divorce proceedings and has an opportunity to respond. The method of service will depend on your situation, but it usually involves delivering the documents in person, by mail, or through a process server, unless you are filing a joint uncontested divorce.

  4. Wait for a Response: After serving the divorce application, you are required to wait for a response from your spouse. They typically have 30 days to respond if they live in Canada, but this period may vary if they live outside the country.

  5. Possible Case Conference: If your spouse disputes any aspects of your application, a case conference may be scheduled. This is a meeting with a judge to discuss the issues, explore possibilities for resolution, and determine how to proceed if a settlement cannot be reached.

  6. Motions Before Trial: If there are urgent issues that need to be addressed before trial, such as temporary child or spousal support, a motion can be brought forward.

  7. The Trial: If an agreement cannot be reached, the case will proceed to trial, where a judge will decide on all contested issues.

  8. The Divorce Order and Certificate: Once the judge grants your divorce and issues the divorce order, the court will send you a copy. After 31 days, the divorce order becomes final, and you can then apply for a divorce certificate, which is your legal proof of divorce

NOTE: Steps 5, 6 and 7 will not apply to uncontested divorce applications.

Remember that preparing and filing a divorce application can be a complex process, and any mistakes can lead to delays in your divorce proceedings. Therefore, it’s highly advisable to consult with a Divorce lawyer before submitting your application. A lawyer can provide valuable legal advice tailored to your situation, ensuring your rights are protected and your application is correctly filled out. They can explain the documents required by the court and assist in preparing them.

Legal professionals are familiar with the intricacies of divorce law and can navigate the process effectively. They can save you from common pitfalls and help streamline the process, reducing stress and potential complications.

In summary, preparing and filing your divorce application is a significant step in the process of divorce in Ontario. It’s essential to understand the required forms, where to file them, the associated costs, and the benefits of legal advice. While it’s possible to do this without legal representation, the expertise and guidance of a lawyer can prove invaluable in navigating this complex legal process.

 

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Step 6. Understand Divorce Costs

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 $999 + 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 $1760.87, all-inclusive. 

Divorce-in-Ontario-cost

Step 7. Dealing with Your Spouse’s Response

Upon receiving your divorce application, your spouse has several options for responding. The first is an acknowledgement, where your spouse simply acknowledges receipt of your divorce application. The second is an answer, where your spouse may disagree with the information or claims you’ve included in your application. Lastly, your spouse may choose not to respond at all.

In the event that your spouse files an answer disputing your claims, it’s essential to review it carefully. At this stage, it can be particularly beneficial to consult with a divorce lawyer, as they can provide guidance on how best to proceed based on the contents of your spouse’s response.

If your spouse doesn’t respond within the required timeframe, you may be able to proceed with an uncontested divorce. This can simplify and speed up the divorce process, as it eliminates the need for court intervention to resolve disputes. However, a non-response doesn’t automatically mean you can proceed uncontested, especially if there are children involved, or significant assets to be divided.

Step 8. Tackling Contested Issues

Child Custody, Child and Spousal Support, Property Division

Contested issues, such as child custody, child and spousal support, and property division, can add complexity to the divorce process. These disputes can turn an otherwise straightforward process into a lengthy legal battle, often requiring court involvement to resolve.

Child custody disputes can be particularly contentious. The court will always prioritize the best interests of the child when making decisions on custody. Factors taken into consideration include the child’s emotional ties with the parents and siblings, the parents’ ability to provide for the child’s needs, the child’s own wishes (if they’re old enough), among others.

Disagreements over child and spousal support can also complicate divorce proceedings. Both parties often have differing views on what is fair and adequate. Courts will typically consider factors such as each party’s income, the length of the marriage, the role of each spouse during the marriage, and the needs of the children (if any).

Property division can become another bone of contention, as couples may disagree on the value of assets or who is entitled to what. In Ontario, the general rule is that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must be divided equally between the spouses.

Step 9. The Final Steps: The Divorce Order and the Divorce Certificate

The last step in the divorce process involves obtaining the Divorce Order and subsequently the Divorce Certificate, which both signify the official and legal end to your marriage.

After you’ve gone through all preceding steps – from filing the application, dealing with your spouse’s response (if any), resolving contested issues, and possibly engaging in mediation or going through a trial – the court will then grant a Divorce Order. This is a court document stating that your divorce will become final, usually one month after the judge signs it. This waiting period is termed the ‘interim’ period, allowing for any appeals or reconsiderations.

Once the Divorce Order is final, it signifies the legal end of your marriage. You are then free to remarry if you wish. The court does not automatically send you a Divorce Certificate, which is the official document representing the termination of the marriage. You need to request this document. It’s especially useful to have if you plan to remarry, especially outside of Canada, as it’s often required as proof that you’re no longer married.

If you believe the Divorce Order was granted unfairly, you do have the option to appeal the decision. However, appeals can be complex and time-consuming, and should not be taken lightly. They usually require the expertise of a lawyer, as they involve complex legal arguments about errors that may have been made in the interpretation or application of the law during the original proceedings. There’s also a strict timeframe for filing an appeal, typically 30 days from the date of the Divorce Order.

Remember, divorce is a significant life event that can entail complex legal procedures, especially when there are contested issues. It’s always recommended to seek the advice of legal professionals to help guide you through this process.

Don't Forget to Hire a Good Divorce Lawyer

Arguably the most important step, hiring a good divorce lawyer, can make the difference between a smooth, efficient process and a stressful, drawn-out one. While it’s possible to file for divorce on your own, doing so can be fraught with risks, including rejected applications due to errors or oversight. A skilled divorce lawyer can guide you through each step, ensuring that your rights are protected and that you make the best decisions for your future.

In conclusion, while the steps to file for divorce in Ontario can be navigated independently, the guidance and counsel of a divorce lawyer are invaluable. Their expertise can save you time, money, and stress, allowing you to focus on moving forward and starting the next chapter of your life.

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Disclaimer

Divorce Lawyers costs $999 for an uncontested divorce in Ontario. If you have additional claims made, 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 get in touch with our divorce lawyers in for a free consultation.

Expenses such as court fees of $669 and the cost of service of documents (approx $99 for the GTA) are not part of our divorce lawyer’s cost or legal fees. Additional fees and costs may apply if the other party is not based in Ontario. 

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FAQ

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 $632.

The Court Fees for all Divorce Applications in Ontario Costs $632 payable in two installments of $212 at the time of filing & $420 at the time of setting the matter down for a Divorce Hearing.

A divorce Lawyer costs $750 + HST for a simiple divorce in Ontario. 

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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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Learn 5 Tips on Uncontested Divorce In Ontario & Divorce in Ontario Costs

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