Uncontested Divorce Toronto
At Simple Divorce we offer uncontested simple and joint divorce services. An uncontested simple divorce is when you serve your spouse with a divorce application and your spouse does not contest the divorce or raise any issues regarding the divorce.
In a joint divorce you do not initiate any action against each other. Rather, both spouses inform the court of their intention to divorce through the same application.
There are various requirements you and your spouse will have to meet in order to use our uncontested simple or joint divorce process. Listed below are some of these requirements.
1. As noted above, we service clients who are seeking only a divorce and are not asking the court for anything else such as equalization, child custody, spousal support or any other claim besides a divorce.
2. To use our service, please make sure that your spouse will not contest the divorce. If for any reason your spouse chooses to contest the divorce you may have to conduct the divorce proceeding yourself or hire another lawyer to proceed with your contested divorce matter.
3. According to Ontario law, your spouse must be served with the divorce documents. We will arrange this by either having your spouse visit our office so that we can personally serve the documents to your spouse. We can also mail your spouse the documentation if that is not possible. Please note that your spouse’s cooperation in service is important to ensure that the uncontested divorce process runs smoothly.
4. Our service is for those couples who are seeking a divorce based on the ground of being separated for one year. Your divorce grounds must be based upon a one-year separation to use our service. Please note that it is possible to be living under the same roof as your spouse and still be legally considered “separated”.
5. Since residency in Ontario is a requirement under the Divorce Act, either you or your spouse must have resided in Ontario for at least 12 months before the commencement of the uncontested divorce process. Either you or your spouse must also continue to live in Ontario throughout the divorce process.