Uncontested Divorce Toronto
There are two type of applications for obtaining an uncontested divorce in Ontario. At Simple Divorce we offer uncontested ‘sole’ and ‘joint’ divorce services. An uncontested ‘sole’ divorce is when one party initiates the divorce process, the other spouse is served/notified of the 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 attend our office to sign the required divorce paperwork informing the court of their intention to divorce.
Requirements for Uncontested Divorce
There are various requirements you and your spouse will have to meet in order to use our uncontested divorce service. Listed below are the mandatory requirements:
1. As noted above, the uncontested divorce service is for clients who are seeking only a divorce (i.e. marital status change). If you require legal advice regarding division of property, custody, or child/spousal support, contact us to arrange a consultation with one our divorce lawyers.
2. Please make sure that your spouse will not contest the divorce (i.e. make claims against you). If there are any outstanding issues relating to custody, support or division of property between you and your spouse, contact us now to obtain a consultation about your potential rights/obligations and options.
3. According to Ontario law, your spouse must be served with the divorce documents (this step does not apply for joint divorces).Your spouse may be served with the divorce application by mail or in person. Our firm will arrange service on your spouse. Please note that your spouse’s cooperation in service is important to ensure that the uncontested divorce process runs smoothly. If your spouse’s whereabouts are unknown we can still assist in obtaining the Divorce.
4. The grounds for divorce must be separation for one year or adultery Please note that you may begin the divorce process prior to having been separated for over one year. Please note that it is also possible to be living under the same roof as your spouse and still be 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. You do not have to be a Canadian Citizen or Permanent Resident to obtain a divorce in Ontario.
6. Child support must be being paid (or agreed to be paid) in accordance with the Federal Child Support Guidelines. There is no requirement that a formal written agreement or court order be in place addressing child support. However, you will be required to sign an affidavit (sworn statement) that details the child support arrangement in place.
For further information about the uncontested divorce process or fees contact our firm for a free consultation.