Step-by-Step Guide to Filing for Divorce in Ontario

It's a tough decision, but if you've chosen to end your marriage, you might be feeling overwhelmed about filing for divorce in Ontario. Where do you even start?

This guide will walk you through filing for a simple divorce in Ontario, step by step. We'll break it down into manageable chunks so you know exactly what to do. From gathering documents to submitting your application, we'll cover it all in plain language.

Ready to get started on this new chapter? Let's dive in and demystify the divorce process together.

Getting Started with Divorce in Ontario

So, you're thinking about filing for divorce in Ontario? It's a big step, and it can feel overwhelming. But don't worry - if you and your spouse agree on most things, a simple divorce might be the way to go.

To put it simply, a simple divorce in Ontario is just a means of dissolving your marriage lawfully without having to deal with tumultuous arguments over assets or children. It's similar to changing your relationship status by pushing the reset button.

Before you dive in, take a deep breath. This step-by-step guide for divorce will walk you through the process. We'll cover everything from paperwork to court dates, making sure you're prepared for each stage of filing a simple divorce.

The steps for filing a divorce in Ontario are as follows:

Step 1: Decision to Separate & Entitlement to Divorce

So, you're thinking about filing for a simple divorce in Ontario? Well, here's the scoop. Usually, the procedure cannot begin until you have been apart for a full year. It's similar to a cooling-off phase that allows you to give things some serious thought.

Now, there are a couple of exceptions that might speed things up. If there's been adultery or cruelty in the marriage, you might not have to wait the full year. But let's be real, proving these can be tricky and emotionally draining.

Here's a key point: even if your spouse isn't on board with the divorce, you can still file. Your eligibility for divorce in Ontario doesn't depend on whether both parties agree. It's about meeting the legal requirements, plain and simple.

Step 2: File for Divorce (Form 8A: Application (Divorce))

Ready to file for divorce in Ontario? Let's get into the details of Form 8A. This document kicks off your simple divorce process, so it's important to get it right.

For a joint divorce application, only one spouse needs to fill out Form 8A. Remember, timing is everything! You must serve this form within 30 days if you're in Canada, or 60 days if you're outside the country.

Don't forget about the finances. You'll need to complete a Financial Statement (Form 13.1) and serve it along with your divorce application. This step confirms both parties are on the same page regarding their financial situation.

Step 3: Determine Grounds for Divorce

When filing for a simple divorce in Ontario, you'll need to set the grounds for your split. Ontario recognizes three main reasons: one-year separation, adultery, or cruelty. Living apart for a year is the most common and straightforward option. It's a "no-fault" approach that doesn't require proving wrongdoing.

If you're considering the other grounds, like adultery or cruelty, keep in mind they're trickier to prove and might complicate your divorce process. These are considered "fault" divorces.

The goal of a simple divorce is to keep things, well, simple. Sticking with the one-year separation route often makes the process smoother and less stressful for everyone involved.

Step 4: Determine Whether the Divorce is Contested or Uncontested

When filing for divorce in Ontario, you'll need to figure out if your case is contested or uncontested. This decision can make a big difference in how long the process takes and how much it costs.

Uncontested divorces typically cost less and are quicker. You can expect an uncontested divorce if you and your partner reach a consensus on all matters, including child custody and property split. Currently, the processing time for a straightforward joint divorce in Ontario is between five and seven months.

On the flip side, contested divorces can drag on longer and cost more. These happen when couples can't see eye-to-eye on important issues and need the court to step in.

Step 5: Are There Children Involved?

When filing for divorce in Ontario, things can get a bit trickier if you have kids. There are two main types of child custody to consider: joint custody and sole custody.

It's worth noting that divorces involving children almost always end up being contested. 

Why? 

Well, parents often disagree on parenting arrangements. These arrangements cover how you'll care for your little ones after you've separated or divorced.

The court's priority is always the well-being of your children. So, while you're working through the step-by-step guide for divorce, take some time to think about what's best for your kids. There is no escaping the fact that this is a difficult conversation, but it is an important one.

Step 6: File with the Court or File through your Lawyer

Court fees for divorce in Ontario are $669, not including any lawyer costs you might incur. Once you've got your clearance certificate, it's time to file Form 36 Affidavit with the court.

For an uncontested divorce, you'll submit your application to the Ontario Superior Court of Justice. If you're working with an Ontario Family lawyer, they can handle this step for you. Otherwise, you'll need to file the paperwork yourself.

Remember, this is a critical step in your step-by-step guide for divorce. Take your time, double-check all your documents, and don't hesitate to ask for help if you need it.

When going through a divorce in Ontario, a family lawyer is like your guiding light. Apart from handling court issues, a family lawyer helps you talk and work things out with your partner. 

They act as middlemen, aiming for fair solutions for you and your family. By listening, caring, and planning, they make discussions easier, reducing fights and making your transition smoother.

A family lawyer in Ontario isn't just a legal helper but also a trusted friend during this tough time. They're there to listen, think smart, and support you when things get rough. Whether it's explaining legal terms simply, setting realistic expectations, or giving you a morale boost, your family lawyer is a rock as you start anew.

A family lawyer in a divorce does more than handle legal matters. They're on your side, fighting for you and shielding you. With their knowledge, kindness, and dedication, they guide you through the divorce process, helping you move forward with bravery and clarity. 

So, if you're starting the divorce journey in Ontario, remember – your family lawyer is more than a legal aid; they're a ray of hope in stormy times.

Step 7: Determine Whether your Spouse Provided an Answer

Once you've filed for a simple divorce in Ontario, the ball's in your spouse's court. They've got 30 days to respond to your divorce application. If they're outside Canada or the USA, they get a bit more time - 60 days to be exact.

But what if they don't answer? 

Well, no news is good news in this case. If your spouse doesn't file an answer within the given timeframe, the Ontario court assumes they're not contesting the divorce. It's like they're saying, "I'm okay with this."

Remember, though, every divorce is different. While this step-by-step guide for divorce can help, it's always wise to consult a professional Family Lawyer if you're unsure about anything in the process.

Step 8: Wait For Court's Decision and Certificate of Divorce

After filing for a simple divorce in Ontario, you're in for a bit of a waiting game. The court typically takes 4 to 8 weeks to process your Divorce Order. 

But don't start celebrating just yet! There's a mandatory 30-day waiting period before you can get your hands on that Divorce Certificate.

During this time, your family lawyer can be a real lifesaver. They'll keep an eye on things, answer any questions you might have, and make sure everything's moving along smoothly. 

Once that 30-day period is up, your divorce is officially finalized. Congrats, you've made it through the process for divorce in Ontario!

FAQs: Divorce in Ontario - Your Top Questions Answered

How long does a simple divorce take in Ontario?

Filing a simple divorce in Ontario usually takes around 4-6 months, but this timeframe can change based on court delays and how promptly you submit all the necessary paperwork.

Do I need a lawyer to get divorced in Ontario?

Although it's not required, having a lawyer can be beneficial, particularly for more complicated cases. If you're dealing with a straightforward, uncontested divorce in Ontario, you have the option to handle the paperwork on your own by following the Ontario Court of Justice's step-by-step guide.

What's the cost of filing for divorce in Ontario?

The court fee for filing a divorce application in Ontario is $632. This doesn't include additional costs like document notarization or lawyer fees if you choose to hire one.

In Ontario, going through a divorce doesn't have to be an absolute nightmare. Even though it's never a pleasant process, if you follow these guidelines, things should go as easily as possible. Remind yourself — you can succeed! Lean on your network of support, take things day by day, and don't be embarrassed to ask for assistance when you need it.

This guide covers the basics, but every situation is unique. If things get complicated, it may be worth chatting with a family lawyer. Hang in there - brighter days are ahead. You're taking an important step toward your new chapter.