TABLE OF CONTENTS

Grounds for Divorce

What is Uncontested?

Documents you must Provide

Procedure

Time Period

Cost

 

LINK TO Joel Miller's Family Law Centre, "Canada's most comprehensive resource for information about divorce and Family Law on the World Wide Web"

 

Note to readers: The information provided in this article is a brief summary for information purposes only and is applicable only for the Province of Ontario. It is not intended to be legal advice. Full and complete advice can only be given by a lawyer who has detailed information about your individual circumstances.

 

 

GROUNDS FOR DIVORCE

Divorce in Canada is available based on marriage breakdown, established by:

  • separation for at least one year; or
  • adultery of the other spouse; or
  • mental or physical cruelty rendering continued cohabitation intolerable.

Ramsay Law Office counsels its clients to use the one year separation grounds.

 

WHAT IS UNCONTESTED?

An uncontested divorce means that there are no claims for anything but the dissolution of the marriage. Specifically, there is no claim for support, custody, access or division of property. These either don't exist because there are no children and no need for support and property either has been divided or doesn't exist, or they have been resolved by other court proceedings or a separation agreement.

 

DOCUMENTS YOU MUST PROVIDE:

  • Original Marriage Certificate - can be ordered online at Service Ontario if you do not have a copy and were married in Ontario;
  • Separation Agreement (if any);
  • Copy of any other court proceedings;

 

PROCEDURE:

The Application is prepared by us and signed by you, the Applicant;

It is issued at the Court and served by mail on your spouse (the Respondent) who has 20 days to dispute the Application by filing an answer. There is a response card included with the materials sent to your spouse which he / she sends back to Ramsay Law Office to acknowledge receipt of the Application. It is a good idea to advise your spouse (soon to be ex-spouse) that the Appliation is coming. In an uncontested divorce it is not anticipated that your spouse will have any dispute;

After we receive the response card back we prepare an affidavit for you to swear and it is sent to the court along with the Divorce Judgment.

After the 30 appeal period from the signing of the judgement has expired, a Certificate of Divorce is obtained;

YOU ARE NOT DIVORCED AND FREE TO REMARRY UNTIL THE CERTIFICATE OF DIVORCE IS OBTAINED!

 

TIME PERIOD:

Because of the time involved for the various steps, your divorce should take approximately 3 months to finalize. If we expect that there will be delays we will discuss these with you.

 

COSTS:

  • Legal Fees: $785.00 plus HST
  • Court costs: $487.00
  • Law Society: $50.00
  • Office supplies and photocopies: $25
  • Software: $113.00
  • Total: $1,500.00  **FEES MAY BE SUBJECT TO CHANGE**

We require a $750 deposit to begin work. The remaining $750 is due when you come in to sign your affidavit - about 1 month later.

 

Copyright © 2013. All Rights Reserved.