Here you will find answers to commonly asked questions. If you’re unable to find the answer to a question, feel free to call our Toronto divorce lawyer at 647-559-3468 or through the contact form on this page. Being informed of your rights and obligations is essential in making the appropriate decision during this time of your life. At Simple Divorce we put in the extra effort to make sure that our clients properly understand their rights and obligations relating to their divorce. We’re here to help you, so don’t hesitate to contact us.
1. What does Simple Divorce do?
• Simple Divorce specializes in uncontested divorces.
• We handle divorce cases where the spouses are seeking only a divorce. We do not handle cases where additional claims are being sought, such as property division, custody, etc.
2. What is an uncontested simple divorce?
• This is where one of the spouse files an Application for Divorce and only seeks a divorce. Other issues such as division of property, child custody, etc. are not claimed through this application.
3. What is an uncontested joint divorce?
• This is where both spouses consent to the divorce and any other issues raised in the application in addition to the divorce.
4. Grounds for an uncontested divorce
• There are three grounds for divorce:
(1) Separation for 12 months
(3) Physical and/or mental cruelty
5. What does separation mean?
• You do not have to living in a different residence for separation to have occurred.
• The court may find spouses separated if they are “living separate and apart” in the same residence.
• “Living separate and apart” is a legal term that refers to how your behaviour as a married couple has changed.
6. How do you prove separation?
• A sworn affidavit must be provided to the court to prove that separation has occurred.
7. Do I have to be separated for 1 year?
• The divorce process may be started right away; however, you must wait until you are legally separated for 1 year before filing the Affidavit for Divorce in court.
8. Do I have to go to court?
• No, you do not have to attend court if you retain our firm to handle your uncontested divorce.
9. How long does the divorce process take?
• Generally, it will take 2 to 4 months for the court to grant a divorce from when your Application for Divorce has been filed with the court.
• Once the court grants your divorce, it will take 31 days for the divorce to take effect.
• Please note there is no guarantee as to how long it will take the court to grant a divorce – the length of time varies depending on the court house.
10. Do both spouses have to live in Ontario?
• No, as long as one spouse has been residing in Ontario for at least 12 months a divorce can be filed in Ontario.