Uncontested Divorce in Ontario
You Must Know
& 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. 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 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.
Types of Divorce in Ontario
- 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. As the name suggests an Uncontested Divorce in Ontario means the party is only seeking a Divorce Order and all other related issues, such as child custody, child support or spousal support as well as the division of property are not disputed. Uncontested Divorce in Ontario steps are simplified and both parties can also jointly file for Divorce by completing Divorce Forms being Form 8A: Application and a Form 36: Affidavit for Divorce.
A Simple Uncontested Divorce means where the party filing the Divorce is only asking for Divorce and no other relief from the Court.
In a Simple Divorce in Ontario, only one party files a divorce application and 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.
A Joint Uncontested Divorce means where 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.
Divorce (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.
What is the Difference between Simple Divorce and Joint Divorce
A Simple Divorce in Ontario is basically an Uncontested Divorce filed by one party only, whereas Joint Uncontested Divorce is signed and filed by both parties jointly as an applicant to the Divorce Application.
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 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.
What is the difference between Contested and Uncontested
Hence a contested divorce 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.
Tip 2. Know the Timeline.
How Long Does a Divorce take 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.
Tip 3. Do It Yourself Divorce in Ontario?
Uncontested Divorce Application Without a Lawyer?
Yes, Do it yourself Divorce in Ontario is possible and Yes it is possible to file a divorce application without a lawyer.
Everything is possible including Divorce if a person wants to do it yourself. The key question is whether it is worth taking the stress and putting the effort to complete the Divorce Application, waiting in line for hours to file Divorce Application in Court, finding process servers to serve court documents, making sure the affidavit of service was correctly drafted and sworn.
Getting a lawyer or notary to commission your affidavits, visit court multiple times, responding to any rejections from judge and correcting errors in your Divorce Application.
Although it is theoretically possible to complete an uncontested divorce in Ontario without a Lawyer, we strongly suggest that parties should seek legal assistance in completing their Divorce Application.
Lawyers have access to relevant resources, training and possess the necessary expertise to navigate the complicated legal system and ensure that your rights are protected, and your needs are met.
A lawyer will be able to identify any situation in which your Divorce application will be rejected or returned. If there is an objection to the Divorce Application, your Lawyer will ensure that the objection is removed.
There is no denying that the legal paperwork when getting a divorce can become complicated and confusing, as well as time-consuming.
Retaining a lawyer will certainly ensure that your divorce is more time-efficient, which for many people is crucial when they are keen to finalize the separation and get on with their life as a single person.
At Shaikh Law, we offer competitive fees and convenience to complete the Divorce Application process. Family law courts regularly see couples who have made poor homemade Divorce Applications without the assistance of a lawyer.
Although a DIY divorce may seem cheaper in the short-term, it can become significantly more costly long term if you need to correct the problems that were not finalized properly in the first instance.
Tip 4. Know the Law
The Grounds for Divorce in Canada are;
- Separation for a minimum of a year; or
- Adultery; or
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
Tip 5. 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.
Articles on 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.
Drafting Uncontested Divorce Ontario Forms Only
$499.00 + HST
Flat Legal Fees
If you wish to do it yourself you may retain our services to draft all Uncontested Divorce Forms for a Fixed Legal Fees. Court Fees $632 & Process Server Costs are not included.
$750.00 + HST
Flat Legal Fees
Divorce in Application Court Fees $632 is not included.
$250.00 + HST
Flat Legal Fees
Divorce in Application Court Fees $632 is not included.