Getting Divorced in Ontario
To get divorced in Canada, you and your spouse must have been legally married in Canada or another country with at least one of you living within Canada for at least one year immediately prior to applying. Either of you must intend to make the separation permanent with no possibility of reconciliation. You can get divorced (on the grounds of separation for one year, abuse/cruelty or adultery) without the other party consenting. However, a court may refuse to grant a divorce if proper child support is not being paid prior to the grant of Divorce.
The three types of divorce applications in Ontario are simple uncontested divorce, joint uncontested divorce and divorce with other contested relief.
The process of divorce is easy when parties(jointly) have a separation agreement, mutually agreeing to settle all disputes relating to parenting time, decision making responsibilities and all financial aspects including child support, spousal support, equalization of assets and matrimonial home.
The procedure: Once an application along with the original marriage certificate, financial statements and a separation agreement is submitted, the court issues the application that needs to be served on your spouse (if its not a joint divorce). Upon receiving the answer and the respondent spouse’s financial statement, you have an option to reply to it within 10 days of receiving it. This is followed by a case conference setup with a Judge who will assist in making procedural orders, setting dates for settlement conference to make attempts to sort most issues amicably. This is followed by the process of discovery in which exchange of information and evidences take place. If the matter is not resolved by a settlement, a trial date is set for a judge to make a final decision. Upon receiving a divorce order, you are eligible to apply for a divorce certificate after completion of 30 days. Motions are set throughout the process to address immediate and time sensitive issues.
How can PPS LAW PROFESSIONAL CORPORATION help you?
If you require further assistance in the above matter, please contact us. We are Immigrant-founded, multilingual and accommodating to cater the needs of all walks of life including the working-class community. As experienced professionals, we have been successfully assisting clients in this matter to their satisfaction. Contact us today.