Types of Divorce Application in Ontario
There are Three Types of Divorce Applications in Ontario.
- Simple Uncontested Divorce
- Joint Uncontested Divorce
- Divorce with other contested relief.
Simple or Uncontested Divorce is where one spouse files and serves an application for divorce on the other. The spouse who files and serves the application for Divorce is called the applicant. If the respondent does not file an answer with the court within the specified time, the court will proceed with the Divorce Proceedings and issue a divorce order.
Simple or Uncontested Divorce means Divorce Only
In Simple or Uncontested Divorce application, the applicant is claiming a divorce only. Therefore, a simple divorce should be filed or is only recommended if no other claim is made by the parties, such as Custody, Support or equalization of property. The benefit of a simple divorce is that it is cost effective and expeditious.
Joint Divorce Uncontested Divorce
Joint divorce uncontested Divorce mean when both spouses file a joint application for divorce application in court. The key advantages of a joint divorce are that the parties do not have to serve the application on the other since both spouses are technically applicants. Hence, the Divorce process is quicker and it saves a lot of time.
In a Joint divorce application, spouses can agree upon other claims such as child custody, support, and equalization of property. While a joint divorce is clearly cost-effective, it is only suitable when the spouses are able to be amicable and come to an agreement on all issues. It is strongly recommended that if spouses are seeking to file for a joint Divorce they should have a Separation Agreement in place to attach it with their Joint Divorce Application.
Divorce with other claims
In a contested matter where another relief is claimed then Divorce is made as part and parcel of the entire claim. This is usually referred to as Family Litigation matter or Divorce with other corollary relief.
A divorce with corollary issues is appropriate in a circumstance where the spouses are unable to agree upon any of the issues such as child custody, support and equalize their property.
The main disadvantage of a divorce with corollary issues it is both costly and time-consuming