Filing Divorce in Ontario

Filing a divorce in Ontario is not difficult if you have the assistance of qualified divorce lawyer. The potentially time consuming process of filing a divorce in Ontario will be handled by our divorce lawyer. We will take on the burden of properly preparing your divorce and going to court to make sure everything is in order with your divorce.

There are thousands of couples who get a divorce in Ontario. Many use divorce lawyers to ensure that their divorce is handled professionally and with the expert attention that it deserves.  However, those who attempt to represent themselves in court often find that they do not prepare their case properly.  This may lead to mistakes and potentially increased costs.

Types of Proceedings for Filing a Divorce in Ontario

There are generally two ways in which a divorce in Ontario can be filed, either contested or uncontested.  Here at Simple Divorce we assist couples with both types of divorce proceedings.  An uncontested divorce in Ontario refers mainly to a divorce proceeding in which the responding party fails to file an answer to an application for divorce and fails to contest any issues raised in the divorce.  However, a contested divorce in Ontario is just the opposite – the parties are likely disputing some issue regarding the divorce, whether it is spousal support, child support, property issues and etc.

Legal Representation for Filing Divorce in Ontario

It is very important to get legal representation if you are considering filing a divorce in Ontario.  Responding to potential legal issues that may arise from your divorce should be done by a divorce lawyer to eliminate the possibility of mistakes being made.  Furthermore, it is important and highly advised that you consult with a divorce lawyer to fully understand your legal rights before you begin the process of getting a divorce in Ontario.  Getting a divorce in Ontario triggers various legal rights and issues.  It is important to know what rights you may be entitled to and what rights you may be giving up before you proceed to get a divorce in Ontario.

Steps in Getting a Divorce in Ontario

Getting a divorce in Ontario involves various steps which may seem complicated to those unfamiliar with getting a divorce in Ontario. The general steps for a divorce in Ontario are summarized as follows. To start the divorce in Ontario, either spouse may prepare and file with the court an application for divorce. This application for divorce will basically outline what you are seeking with respect to your divorce in Ontario – for example, spousal support, child support, division of property etc. After you have filed the application for divorce with the courts, the next step is service of the divorce application on your spouse. Once served with the divorce application your spouse will have 30 days if within Canada or the USA to respond to the application for divorce by serving you and filing with the court an answer.

For an uncontested divorce in Ontario, no answer is filed and no other claims are brought forth. The next step after serving and waiting the 30 days for your spouse to respond to your application for a divorce in Ontario, the application will have to file an affidavit of divorce along with a draft divorce order approximately 2 months after the initial court filing. This step is referred to as the set down. After the set down has been done, the applicant can expect to wait an additional 2 months after the set down for a judge to look over everything and issue a divorce order.

If, however, the other spouse does indeed serve and file an answer in response to the application for divorce, then the divorce in Ontario will be very different and much more complicated. Depending on what claims either spouse brings in addition to the divorce, various other documents will have to be filed with the courts including financial statements, affidavits in support of support and custody, and etc. In addition, there will be a mandatory case conference with a judge where the issues of the divorce in Ontario will be identified and the the parties will attempt to solve their issues. However, if the parties are unable to resolve their issues at a case conference or mediation, the divorce in Ontario will proceed to a trial where the cost and time will go up significantly. That is why if you are thinking of getting a divorce in Ontario it is in your best interest to try your best to negotiate a settlement with your spouse outside a court through a separation agreement.

Alternative to Court for Filing your Divorce in Ontario

In addition to explaining legal rights and representation in court, a divorce lawyer can be instrumental in exploring alternatives to court to settle many issues before you get a divorce in Ontario.  Collaborative Family Law is an example of how a divorce lawyer can be of immense assistance during the process of a divorce in Ontario.  This is a very popular option for couples who are pursuing a divorce in Ontario.  Collaborative Family Law is essentially a way to negotiate and resolve issues outside of court with the help of trained family lawyers.  The essential role of lawyers in Collaborative Family Law is to avoid litigation as a means to resolve the issues of separating or divorcing couples. The divorce lawyers in this form of negotiation will work with both parties to come to a fair, reasonable and just separation agreement with the focus of eliminating the need to go to court.

If parties are able to resolve their issues through negotiations it is highly advised that in addition to their divorce in Ontario, they get a divorce lawyer to draft a separation agreement for them.

Our mission at Simple Divorce is straightforward; we strive to provide a low cost option for a divorce in Ontario that is convenient for our clients.  If you have any questions regarding your divorce, contact us and we’ll be glad to help.