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5 Tips Divorce in Ontario

5 Tips
Uncontested Divorce In Ontario &
Divorce in Ontario Costs

Whilst a vast majority of people enter into marriage with the best of intentions to make a lifelong commitment to their partner, the sad reality is that almost 40% of marriages will end in divorce.

Although a couple may choose to separate and live individual lives, a marriage is not officially over until they are formally divorced.

Whilst some couples will accept that their relationship has run its course and agree to divorce amicably, other people will feel animosity and resentment towards their spouse and challenge the terms of the separation through to the bitter end.

The difference in these two attitudes is the reason that some divorces are straightforward uncontested affairs whilst others battle their way through the legal system by filing a contesting Divorce.

In this Article, we will seek to provide tips to help the general public get through one of the most difficult times in their life as well as answer most common questions such as What is Uncontested Divorce and the Difference between Uncontested & Contested Divorce? When can you file an Uncontested Divorce in Ontario, Uncontested Divorce forms or How do you become eligible to file Uncontested Divorce?

How much does it cost to get a Divorce in Ontario? 

How long does it take to get a divorce in Ontario and much more?

Tip 1: Know the Difference

What is Uncontesd Divorce

A simple or uncontested divorce in Ontario means that the only issue remaining is the dissolution of marriage by a court. All other issues such as custody, support or property are either not disputed or are settled by way of a separation agreement.

Contested and Uncontested Divorce in Ontario

What is the difference between Contested and Uncontested

A contested divorce in Ontario is filed where the parties are not in agreement with the terms of separation and are seeking different objectives for child custody, support, and division of property.

For example, if the applicant requests sole custody of the children but the other partner wants joint custody then they are likely to take the applicant to court over the disagreement. Contested divorces can be lengthy and expensive.

Often a contested divorce can be avoided if the couple is prepared to cooperate and negotiate the terms before by entering into a separation agreement prior to filing the application for divorce or even make a joint application.

Can Uncontested Divorce become Contested 

YES,  Uncontested simple divorce in ontario, can become a contested divorce if the respondent files an answer with additional cliams other than divorce, such as child custody, spousal support or division of property. Therefore, it is always recommended to have a separation agreeement in place before filing an uncontested divorce to settle all other issues in dispute.  

Types of Divorce in Ontario

What is the difference between A Simple & Joint Divorce

In Canada, either spouse can initiate Divorce proceedings. A Simple divorce means that one spouse files for an uncontested divorce, whereas an uncontested Joint divorce means both spouses have filed the divorce application together and are jointly seeking to dissolve the marriage.

 Simple Divorce

If one party files Divorce forms with the only claim for Divorce, then it is referred as Simple Divorce or Simple Uncontested Divorce in Ontario.  

A Simple Divorce in Ontario is filed in circumstances where co-operation to sign the Joint Divorce Application is perhaps neither feasible nor convenient due to a lack of communication or non-cooperation to pay the legal or court fees.

Joint Divorce

When both parties sign and file a Divorce forms it is referred as Joint Uncontested Divorce.

Joint Divorce in Ontario is commonly filed where both spouses are cooperative with each other and are in communication with each other.

Generally speaking, Joint Divorce Applications are processed faster than Simple Divorce in Ontario, since the time to serve the other party is not required.

Simple Divorce

One Spouse files Uncontested Divorce

Joint Divorce

Both spouses Jointly file Uncontested Divorce

Tip 2: Eligible to File Divorce in Ontario

How to file for divorce in Ontario

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.

  4. You must establish one of the three grounds for Divorce.

NOTE: 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

Grounds for Divorce in Ontario

Separation for a minimum of a year; or

Adultery; or

Cruelty.

The most common ground to file for Divorce in Canada is Separation for a minimum of one year on the date of Divorce Hearing.

People still file divorce under the ground for adultery and cruelty but they do not appreciate that if they plead adultery or cruelty then they would have to prove such allegations resulting in extensive litigation for more than a year.

It is important to note that Divorce proceedings can be commenced before the completion of the one-year separation. It is common for parties to commence Divorce proceedings six months before completion of one year of separation date.

We get several phone calls requesting to file for an annulment because the spouse does not want to wait for a one-year separation.

Parties should understand that they need to establish grounds for annulment before it can be filed, for more information, please visit our page, Divorce Vs. Annulment.

If you have decided to file Divorce in Ontario without a lawyer then you should take the time to read the following Statutes and Rules

Family Law Rules

Family Law Rules Forms

Divorce Act

Tip 3: How Much Does It Cost To Get a Divorce In Ontario

Uncontested Divorce Cost in Ontario

Simple Divorce | Joint Divorce

Total Court Fees for filing a Divorce in Ontario is $632. At the time of Filing, you will be paying $212 and $420 when the Divorce application is heard by the  Judge. In Addition, your Legal Fees would range from $499 to $750 +HST.

Total Cost including Court Fees and Lawyer’s fees would come to $1382 + Tax, if you take the complete package.

Basic Drafting Only

$ 499
00+ Tax
  • Divorce Consultation
  • Step by Step Instructions
  • Drafting Documents
  • Online Support
  • Court Fees NOT INCLUDED
  • Service of Documents 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

Our Legal Services for Uncontested Divorce
Complete Pacakage $750 + Tax Only

Consultation for Uncontested Divorce

When you engage us we will provide a detailed Consultation as well as evaluate if you are eligible to file for an Uncontested Divorce in Ontario.

Drafting Uncontested Divorce Forms

We will draft all Uncontested Divorce Forms such as Form 8A and Form 36 affidavit for Divorce to ensure your application is processed without issues.

Submission of Documents in Court

Once the documents are ready we will submit all Uncontested Divorce Ontario Forms in court. Once the Clearance Certificate is received, we will also set the matter down for a Divorce Hearing.

Divorce Order

We will appear in court on your behalf to attend to any objections and concerns raised by the Divorce Judge. Our will professionally respond to such objections as required and shall ensure a Divorce Order is issued.

DIY Divorce do it yourself divorce

Basic Pacakge $499 + Tax:

Basic Pacakge is essentially DIY Divorce Pacakage, good for those clients who wish to file their divorce on their own or for such locations where we are unable to serve clients. 

What is INCLUDED in basic package:

  • Divorce Consultation by a lawyer and trained staff
  • Step by step instructions
  • Drafting all divorce documents
  • Online support, if you run into a problem feel free to send out an email and we will guide you about the next step.

What is NOT INCLUDED in basic package:

  • Court Filing
  • Court Attendance
  • Responding to Judge’s Objections
  • Setting the matter down for divorce hearing
  • Service of Documents 
  • Court Fees 
Uncontested Divorce Legal Fees

Complete Package $799 + Tax

Complete Pacakage is a managed service for clients. We will take care of everything, respond to all objections and file any motions necessary for sub-service if need be. 

What is INCLUDED in Complete Package:

  • Court Filing
  • Court Attendance
  • Responding to Judge’s Objections.

What is NOT INCLUDED in Complete package:

  • Service of Documents 
  • Court Fees &
  • NOTE only If applicable. A Motion for sub-service or any other motion required to satisfy the judge’s  objections would cost additional $450 + Tax.

Court Fees of $632 and Service of Documents upon another party is not included in our Legal Fees. Process Server in toronto ususally charge around $50 to $150 to serve documents within the GTA area. 

If the documents need to be served out of province or out of Canada then process server based out of province must be retained and paid based on their invoice.  

Court Fees is $632

Service of Documents

 Process Server in toronto ususally charge around $50 to $150 to serve documents within the GTA area. We will provide you with the copy of the invoice received from the process server. 

Get Legal Advice

It is always a wise decision to speak to a Lawyer about your situation, even if you end up filing a divorce without a lawyer.

You will get good legal advice from a Lawyer tailored to your circumstances as opposed to doing basic research online.

A Divorce Lawyer is trained on how to legally handle break up of marriage and has in-depth knowledge about Divorce & Family Laws in Ontario.

At Shaikh Law we provide free legal consultation over the phone for the first 15 minutes, call us now and we would be more than happy to guide you on how to navigate through difficult times.

Uncontesed Divorce Lawyer

Tip 4: Know The Time Line

HOW LONG IT TAKES TO GET A DIVORCE IN ONTARIO

How Long Does It Take To Get A Divorce In Ontario

A divorce order cannot be granted unless parties have been separated for one or have established other grounds for Divorce.

Once an uncontested divorce application is filed it would take between four to six months to be finalized.

The above timelines are estimates only and it is not guaranteed that Divorce would be finalized within four to six months.

Divorce Certificate is Issued 30 days from the date of Divorce Order

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 5: Uncontested Divorce Forms

Divorce in Ontario Forms​

Uncontested Divorce – Divorce Form 8A

Simple Uncontested Divorce

Joint Uncontested Divorce

Divorce (Contested) – Divorce Form 8

Essentially there are two types of Divorce Applications in Ontario. Uncontested & Contested Divorce. If you are filing an uncontested divorce application then you will use Form 8A which means the responding party is not opposed to the claim for Divorce and any other relief claimed in the Divorce Application Form.

Divorce Application General Form 8 (Contested) If the parties are seeking for relief in addition to Divorces such as Child Custody, Child Support, Spousal Support or Division of Property and they do not have an agreement as to the terms of their separation, then the Divorce Application is referred as Contested Divorce in Ontario.

Divorce Application Form 8A

Form 8A should only be used when the only relief sought from the court is dissolution of marriage. All other relief such as custody, support and property are either settled by way of a separation agreement or are not applicable. 

If only one spouse is filing form 8A you are basically fiiling a Simple Uncontested Divorce .

In a simple divorce in ontario, only one party files a divorce application in court then serves or sends the divorce application by a process server to the other party, who is expected to respond within a specified time, failing which Divorce Application will proceed in his/her absence.

Both spouses can also use form 8A to file a  Joint Uncontested Divorce. This means that  both spouses Jointly agree to file for divorce only.

In some cases, both parties file a separation agreement concerning all issues including division of property, support for children &  Spouse, custody and access along with their Divorce Application.

It is referred to as Joint Divorce because both parties are jointly filing the Divorce Application and therefore the need or the formal step to serve a copy of the Divorce Application can be skipped.

Other Divorce In Ontario Forms

After you have filed form 8A you would need to set the matter down for a hearing by the Judge.

At the time of setting the matter down for a hearing you would need to file form 6B (if divorce application was served) along with Affidavit for Divorce Form 36 and Divorce Orders Form 25A.

It  is always wise to retain a lawyer to prepare your Divorce Forms even if you wish to do it yourself. 

We have our basic package for $499 +Tax where we draft all documents with instructions to help you complete the process yourself. 

Find a Divorce Lawyer Near You

We serve clients across Greater Toronto Area and commonly appear at the following court locations. 

Divorce Lawyer Toronto | Divorce Lawyer Mississauga | Divorce Lawyer Brampton |Divorce Lawyer Hamilton | Divorce Lawyer Kitchener | Divorce Lawyer New Market | Divorce Lawyer Barrie

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