Are you considering ending your marriage and wondering how to file for divorce in Ontario? Look no further! We’ve got you covered. A divorce can be emotionally exhausting, but navigating the legal process doesn’t have to be. In this blog post, we’ll guide you step-by-step on how to file for divorce in Ontario and provide insights into its cost. From filing forms to court fees, we will break down everything you need to know so that you can move forward with confidence and peace of mind.
Overview of Ontario Family Law and Divorce
If you are considering a divorce in Ontario, it is essential to understand the province’s family law and divorce process. In Ontario, the Family Law Act governs divorce and other family matters. The act sets out the grounds for divorce and the rules for property division, child custody, and support payments.
The first step in filing for divorce in Ontario is to file a notice of application with the court. The notice must state the grounds on which you are seeking a divorce and your proposed arrangements for property division, child custody, and support payments. Once the notice of application is filed, your spouse will have 30 days to respond.
If your spouse does not respond within 30 days or can’t agree on all aspects of your divorce, you must attend a court hearing. At the hearing, a judge will make decisions on any outstanding issues. Once a judge grants a divorce order, it is final and cannot be appealed.
The cost of filing for divorce in Ontario varies depending on your individual circumstances. If you hire a lawyer to help with your divorce, you can expect to pay several thousand dollars in legal fees. If you choose to represent yourself in court, there will be some court fees that you will need to pay. The cost of getting divorced in Ontario is typically several thousand dollars.
How to File for Divorce in Ontario?
If you or your spouse have been living in Ontario for at least a year, then you can file for divorce in the province. The process of filing for divorce in Ontario is similar to the process in other provinces, but there are some specific requirements that you’ll need to meet.
Required Documents to File for Divorce in Ontario
You do not need to go to court if you and your spouse agree to divorce. You can file what is called a Joint Application for Divorce. However, if you do not agree on some or all of the issues in your divorce, you will have to go to court. This is called an Undefended Divorce.
To file for divorce in Ontario, you need the following:
- A completed divorce application form, including a sworn affidavit from each person applying for the divorce. The affidavit must state that there has been a breakdown of your marriage and that you have lived apart for at least one year;
- Your original marriage certificate or a copy certified by the issuing authority; and
- Your ID Proof, like passport or birth certificate
- The applicable filing fee
You can get the forms you need from the Family Law Forms Assistant on the Ministry of the Attorney General website. Once you have filled out the forms, make two copies—one for yourself and one for your spouse.
Check for Eligibility
In order to file for divorce in Ontario, you must first determine if you are eligible. The requirements are as follows:
- You or your spouse must have been a resident of Ontario for at least one year before filing
- You must have been married for at least one year before separation
- You must have separated from your spouse for at least one year, and there is no chance of reconciliation
If you meet all of the above criteria, you can file for divorce in Ontario. The next one is to determine how much it will cost.
Choose the Type of Divorce
If you and your spouse decide to get a divorce, you must choose what type of divorce you want to file for. In Ontario, there are two types of divorces,
- Contested
- Uncontested
Contested Divorce
Contested divorces are when the spouses cannot agree on one or more issues, such as child custody, child support, spousal support, or property division. If you have a contested divorce, you must go to court and have a judge decide these issues for you. This can be a long and much expensive process.
Uncontested Divorce
Uncontested divorces are when the spouses agree on all issues. This is the quickest and cheapest way to get divorced. To get an uncontested divorce, you and your spouse must fill out some forms and file them with the court. You do not need to go to court if you have an uncontested divorce.
Find out Where to File your Divorce in Ontario?
Knowing where to file your divorce papers is important if you plan to file for divorce in Ontario. The Ontario Court of Justice has a Family Law Information Centre (FLIC) that can help you with information about the divorce process, including where to file your papers.
If you and your spouse agree on the terms of your divorce, you can file for a joint application for divorce. If you do not agree to the terms of your divorce, you can file for a sole application for divorce.
You must complete and sign a Notice of Family Claim and Divorce Application form to begin the process. These forms are available at the FLIC or online at the Ontario Court Services website. Once these forms are completed, they must be filed with the municipality’s court office where you or your spouse live.
There is a filing fee for both joint and sole applications for divorce, which must be paid when you submit your forms to the court office. The current fees can be found on the Ontario Court Services website.
After your forms have been filed with the court office, you will be given a date for a case conference. This is an opportunity for you and your spouse to meet with a judge to discuss how to proceed with your divorce. At this meeting, the judge may make orders about child custody and support, spousal support, and division of property. If you and your spouse cannot agree on these issues, the judge may refer you to mediation or a trial.
If you have any questions about where to file for divorce in Ontario, you can consult with a family law lawyer or contact the FLIC for more information.
How Long It Takes to Get a Divorce in Ontario?
The process of getting a divorce in Ontario can take anywhere from several months to a year, depending on the complexity of your case and whether you and your spouse can reach an agreement. If you have children, your divorce will take longer as you’ll need to resolve custody and access issues.
The first step in getting a divorce is to file a notice of family claim with the court. Once this is done, your spouse has 30 days to respond. If they don’t respond, you can proceed with an uncontested divorce. If they do respond, you’ll need to attend mediation to try and reach an agreement on the outstanding issues.
If mediation is unsuccessful, you’ll have to go to court to have a judge decide how to resolve your case. This can add several months or even years to the process.
What is the Cost of Filing for Divorce in Ontario?
The cost of filing for divorce in Ontario will vary depending on your individual circumstances. If a lawyer represents you, the cost will be higher than if you choose to represent yourself. The cost of divorce can also be affected by whether you and your spouse agree on the terms of the divorce, such as property division and child custody arrangements.
If you are planning to file for divorce in Ontario, it is important to speak with a lawyer to understand the potential costs involved.
Conclusion
The process for filing for divorce in Ontario can be complicated, but with the right information and support, it is possible to navigate. We hope this guide has provided you with helpful insight into how to file for divorce in Ontario and a breakdown of the associated costs. Whether you choose to proceed through mediation or court proceedings, always ensure that you understand your rights and obligations throughout the process.
FAQ – How to Apply for Divorce in Ontario?
How much does it cost to file for divorce in Ontario?
The cost of filing for divorce in Ontario will vary depending on the complexity of your case. Filing for divorce in Ontario will take $224 for a simple divorce. However, if you and your spouse agree on all terms of your divorce, you can file for an uncontested divorce, which will be less expensive than a contested divorce.
Generally, the starting point for calculating the cost of an uncontested divorce is $1,500 + HST. This includes the cost of hiring a lawyer to draft and file the necessary paperwork and any court fees. However, if you are unable to reach an agreement with your spouse on all terms of your divorce, you will need to file for a contested divorce.
The cost of a contested divorce will vary depending on the number of days required to resolve the issue at trial, as well as the complexity of your case. Generally, the starting point for calculating the cost of a contested divorce is $5,000 + HST.
What are the steps to divorce in Ontario?
In Ontario, Canada, the steps to obtain a divorce are as follows:
- Meet the eligibility requirements
- Determine the grounds for divorce
- File an application for divorce
- Serve the application to your spouse
- Wait for a response
- Negotiate a settlement
- Attend a court hearing
- Obtain a divorce order
Do you need to be legally separated before a divorce in Ontario?
The answer is yes. In Ontario, you need to be legally separated, at least before the divorce. You can file for divorce as soon as you and your spouse have been living apart. If you have been living apart for less than one year, you can still file for divorce, but you will need to provide the court with evidence that your marriage has broken down. The court will look at several factors to determine whether your marriage has broken down, including:
- Whether you and your spouse are living together or still
- How often do you see each other
- Whether you are having sexual relations with each other
- Whether you are still sharing finances
- Whether you are still involved in each other’s lives
Who is entitled to spousal support in Ontario?
In Ontario, spousal support is paid by the wealthier spouse to the financially dependent spouse. It is meant to help equalise the standard of living between the two spouses after a relationship breakdown.
Spousal support is not mandatory in every divorce. A judge will only order spousal support if they believe it is fair and necessary, based on factors such as:
- The length of the marriage or common-law relationship
- The roles each spouse played during the marriage or common-law relationship
- Each spouse’s income and earning potential
- The age and health of each spouse
- The couple’s current and future financial needs and obligations (such as childcare costs)
- Any previous agreements between the spouses about support
Can a spouse refuse divorce in Ontario?
In Ontario, a spouse can refuse to sign a divorce application, but this does not mean that the divorce will not be granted. The court can still grant the divorce if it is satisfied that there has been a breakdown of the marriage and that all other requirements for granting a divorce have been met. If one spouse refuses to sign the divorce application, the other spouse may need to provide additional evidence to the court to prove that there has been a breakdown in the marriage.
