Filing for a Simple Divorce in Ontario

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Steps Involved in Filing for a Simple Divorce

Preparing the Necessary Documents

1. Application for Divorce (Form 8A): The initial step involves filling out the Application for Divorce. This form requests basic information about both spouses, the grounds for divorce, and any claims related to child support, custody, spousal support, or the division of property. Accuracy and thoroughness in filling out this form are crucial as it sets the foundation for your divorce proceedings.

2. Original Marriage Certificate or Marriage Registration Form: You must provide proof of marriage when filing for divorce. This proof can be in the form of an original marriage certificate or a copy of the marriage registration. If your marriage certificate is in a language other than English or French, you will likely need to provide a certified translation.

3. Any Agreements (Separation, Child Support, etc.): If you and your spouse have reached agreements on matters such as separation, child support, custody arrangements, or the division of property, these documents should be included with your application. These agreements can simplify the divorce process by clearly outlining the terms to which both parties have agreed.

Filing the Application with the Court

1. Choosing the Correct Jurisdiction: The divorce application must be filed in a Superior Court of Justice or Family Court branch of the Superior Court of Justice, depending on where you live. You must file in the court located in the municipality where you or your spouse have lived for at least one year prior to filing.

2. Court Fees and Waivers: Filing for divorce requires payment of court fees, which cover the cost of processing your application. If you are unable to pay the fees due to financial hardship, you can request a fee waiver. The necessary forms for a fee waiver are available at the court office.

Serving the Application on the Other Party

1. Methods of Service: Once the divorce application is filed, it must be legally served to your spouse, meaning they must be officially given the documents. This can be done through various methods, such as using a professional process server, someone you know who is over 18, or in some cases, by mail. However, you cannot serve the documents yourself.

2. What to Do if the Other Party Cannot be Located: If you are unable to locate your spouse to serve the documents, you may request permission from the court to use an alternative method of service. This could include serving someone close to them, publishing a notice in a newspaper, or any other method the court finds appropriate.

Responding to a Divorce Application

1. Time Frames and Consequences of Inaction: Once served, your spouse has 30 days (or 60 days if they live outside Canada or the United States) to file an Answer if they wish to contest the divorce or make claims of their own. Failure to respond within this time frame allows the divorce to proceed uncontested, potentially without their input on critical issues.

2. Options for Contesting the Application: If your spouse disagrees with any part of the divorce application, they must file an Answer, outlining their contestations and any claims they might have regarding child support, custody, spousal support, or property division. This can lead to a more complicated divorce process, possibly involving mediation, settlement conferences, or a trial to resolve the disputes.

Completing the Divorce Process

After the initial stages of filing and serving divorce papers, the process moves towards completion. This phase involves waiting periods, receiving the final divorce order, and managing post-divorce formalities.

The Waiting Period after Filing

After all necessary documents are filed and served, and any responses or motions have been addressed, there’s a mandatory waiting period before the divorce can be finalized. This period allows both parties time to reconsider their decisions and ensures that all legal and procedural requirements are met. In Ontario, the court typically takes a few months to process the divorce after the application is complete, although the exact time can vary based on the court’s workload and the complexity of the case.

Finalizing the Divorce

1. Receiving the Divorce Order: After the waiting period and once all legal requirements are satisfied, the court reviews the divorce application. If the court is satisfied that the grounds for divorce are met and all other legal requirements are fulfilled (such as proper arrangements for children), it will issue a Divorce Order. This order is the court’s official decision to grant the divorce, and it takes effect on the 31st day after the order is made.

2. Certificate of Divorce: Once the Divorce Order is effective, either party can request a Certificate of Divorce from the court. This document is the final step in the legal process and serves as official proof that the marriage has been legally dissolved. The Certificate of Divorce is required for either party to remarry.

Post-divorce Considerations

After the divorce is finalized, there are several administrative and personal tasks that may need to be addressed to reflect your new status:

• Name Changes: If you wish to change your name back to your maiden name or a previous legal name, you can do so by providing your Certificate of Divorce to various institutions (like banks, government agencies, etc.) as proof of your divorce. The process for changing your name may vary, so it’s important to check the requirements with each organization.
• Updating Legal Documents: It’s crucial to update legal documents to reflect your current marital status and ensure that your legal and financial affairs are in order. This can include updating your will, powers of attorney, beneficiary designations on life insurance policies, retirement accounts, and any other documents where your former spouse is named.
• Financial Separation: Ensure that all joint accounts are properly divided and closed if necessary, mortgages and loans are refinanced in the correct name(s), and any financial obligations outlined in the divorce decree are fulfilled.
• Children’s Documentation: If you have children, you may need to update school records, medical records, and any other relevant documents with custody arrangements and emergency contact information.

Completing the divorce process is a significant step that marks the legal end of your marriage. However, the practical and emotional adjustments may continue as you adapt to your new circumstances.