The Divorce Process In Ontario
Divorce is a legal process that terminates a marital union and allows both parties to move forward with their lives. In Ontario, it is necessary to obtain a court order in order to grant a divorce. In order to do so, you must file an application for divorce at a court registry within the jurisdiction where either you or your spouse reside.
When filing for divorce in Ontario, you must provide certain documents such as your marriage certificate, evidence of residency and details about any parentage orders or agreements that may be relevant to your situation. Additionally, there will be filing fees associated with the process. It is important that all required documentation be complete and accurate as failure to do so can cause delays in obtaining your divorce judgment.
Once a divorce petition has been filed, it is necessary to serve notice of the proceedings on the other party involved. This can be done by mail or through personal service depending on the situation. After this step has been completed, there will typically be a waiting period before the court can grant final judgment on the dissolution of marriage.
What is a divorce?
A divorce is a legal process by which a marriage is terminated, allowing both parties to move forward with their lives. In Ontario, it is necessary to obtain a court order in order to grant a divorce. This involves filing an application for divorce and providing certain documents such as your marriage certificate, evidence of residency and details about any parentage orders or agreements that may be relevant to the situation. There will also be filing fees associated with the process. Once the application has been filed, served notice of the proceedings will need to be sent to the other party involved before final judgment can be granted on the dissolution of the marriage.
When and where can a divorce be filed in Ontario?
In Ontario, an application for divorce can be filed at the court registry within the jurisdiction where either you or your spouse reside. It is important that all required documents are complete and accurate as failure to do so can cause delays in obtaining your divorce judgment. Additionally, it is necessary to pay any associated filing fees when submitting an application for divorce.
Grounds for Divorce in Ontario
In Ontario, the only ground for divorce is that the marriage has irretrievably broken down. This can be proven in one of the following ways:
- Separation: If the spouses have lived apart continuously for at least one year immediately prior to the filing of the divorce application.
- Adultery: If one spouse had an extra-marital affair with another person who is not the other spouse during their marriage.
- Cruelty or Mental Cruelty: If a spouse has treated their partner cruelly or been mentally cruel and abusive towards them, which resulted in them no longer being able to live together as husband and wife.
- Desertion: If a spouse abandoned their partner without their consent and has been gone for at least one year before filing for divorce.
Documents required and filing fees for a divorce petition in Ontario
In order to file an application for divorce in Ontario, there are certain documents that must accompany the petition. These documents include the marriage certificate, birth certificates of any children from the marriage and financial statements from both spouses. Additionally, it is necessary to pay any associated filing fees when submitting an application for divorce. The cost for a simple divorce is $214 for filing the application and $445 on the placing of an application on the list. For a divorce certificate its $25.00
Who can be served with notice of the divorce proceedings in Ontario
In Ontario, the person who is filing for divorce must arrange to have notice of the proceedings served on the other spouse. To do this, it is necessary to appoint a process server to deliver the documents to your spouse in person. The process server must be an adult over 19 years old and not a party involved in the action. Additionally, notice can also be served by delivering it to any other individuals or organizations that are listed on the court file, such as any lawyer acting on behalf of either spouse or a potential family member. In some cases, it may also be possible for service to occur through mail or email if service cannot be made personally.
Waiting periods associated with legal separation or divorce in Ontario
In Ontario, the legal separation or divorce process requires a certain amount of time before it can be finalized. A party filing for an uncontested divorce in Ontario must satisfy a one-year period of separation before the divorce can be granted. This is known as the ‘Cooling Off’ period and it is designed to give couples wanting a divorce time to reflect and reconsider their decision.
If a couple wishes to obtain an uncontested divorce but have not yet satisfied the one year period of separation, they may apply for an ‘early resolution’ order from the court, which will grant them their divorce upon payment of an application fee.
In cases where there are children involved, either spouse may also opt to file for a variation in a court order if there have been some substantially changed circumstances since when the court last made a decision regarding custody or other matters related to parenting or child support. Variations need to be filed within 30 days and will require additional paperwork relating to changes in income or other relevant information.
Property and assets obtained during the marriage and division upon dissolution of marriage in Ontario
In the province of Ontario, any assets and property obtained during a marriage are considered to be jointly held by both parties. Upon dissolution of the marriage, these items must be divided between both parties in a fair and equitable way. Typically, this means that all assets acquired during the course of the marriage should be apportioned between the spouses based on their particular contributions or interests in each item, regardless of whether they are held under one name or both names. Where either spouse owns an asset prior to or outside of the marriage – such as a house owned by one spouse’s family – it will also be included in the division of assets unless it can be established that it is not part of the ‘matrimonial property’. The court will look at a variety of factors when considering if an asset qualifies as part of matrimonial property, including the intention and purpose behind acquiring it. In cases where either party has incurred extraordinary debt due to gambling or other activities which were performed solely for his/her own benefit, those debts may not be distributed among partners upon dissolution of marriage.
Spousal support considerations when divorcing in Ontario
In Ontario, the court may order one spouse to pay spousal support to the other upon dissolution of marriage. This is meant to ensure that both parties are able to maintain a comparable standard of living after their divorce and help the spouse who is not financially independent become more self-sufficient over time. The amount of spousal support that may be ordered by the court will depend on a variety of factors, including both spouses’ incomes and the length of their marriage. Other considerations include the roles each partner played during the marriage – such as childcare duties – and any economic advantages or disadvantages stemming from it. If either party decides they want to alter their spousal support obligations later on, they can apply for a variation in a court order which will allow them to review their situation and renegotiate accordingly. The court will consider changes such as an increase in income or assets for one or both parties, or certain life events like retiring, remarrying, etc., that could affect how much spousal support should be paid by either party.
Child support considerations when divorcing in Ontario
When divorcing in Ontario, each party may be required to pay child support to the other. This money is intended to ensure that the children’s needs are taken care of and that they have access to an appropriate standard of living following their parents’ divorce. The court will calculate the amount of child support payments based on a number of factors, including the parties’ respective incomes and expenses, as well as any special needs the child may have. The court will also take into account the costs associated with providing for the child such as daycare, medical expenses or extracurricular activities. Child support payments must continue until any one of three conditions is met: 1) The recipient spouse remarries; 2) The child reaches adulthood (18 years old); or 3) The child leaves full-time education and is no longer dependent on his/her parents for financial support. It is possible to renegotiate the amount of child support payments at any time, provided both parties can agree to new terms and submit an application to change their order in court.
Additional services available to assist with the divorce process in Ontario
For divorcing couples in Ontario, there are a number of services available to help make the process easier. These include pre-divorce counselling to help couples work through their differences and reach an amicable agreement; family law clinics which provide legal advice on issues such as child custody or property division; mediation services aimed at resolving conflicts without resorting to court proceedings; and financial advisors who can help couples plan for a secure financial future after the divorce. In addition, many communities across Ontario offer support programs specifically targeted at people going through a separation or divorce. These typically include group workshops that cover topics like how to build positive relationships with ex-partners and how to create new routines while parenting solo. Ultimately, the goal is to provide divorcing couples with access to resources they need in order to navigate the emotional toll of a breakup while protecting everyone’s best interests.
