Steps to File for Divorce in Ontario: Understanding the Ontario Divorce Process

Filing for divorce can feel overwhelming when you’re not sure where to start. If you live in Ontario and are considering ending your marriage, understanding the steps involved in the Ontario divorce process can clarify the process and make it less stressful. I’m here to walk you through the essential steps, explain what to expect, and offer practical advice to help you navigate this important life change.

What Is the Ontario Divorce Process?

The Ontario divorce process is the legal procedure you follow to officially end your marriage in the province. It involves several steps, from filing the initial paperwork to finalizing the divorce order. The process is governed by the Federal Divorce Act and the Provincial Family Law Rules, so it’s important to understand both sets of regulations.

Here’s a quick overview of what the process generally looks like:

Filing an application for divorce with the court

• Serving the divorce papers to your spouse

• Resolving any issues related to children, property, and support

• Attending court hearings if necessary

• Receiving the final divorce order

  
  

Each step has its own requirements and timelines, so it’s crucial to be organized and informed. For example, you must prove that your marriage has broken down, which usually means living apart for at least one year.

Filing for Divorce in Ontario

Starting the divorce process begins with gathering the right documents and deciding which type of application to file. There are two main types:

1. Simple Divorce Application - Used when both spouses agree on all terms, including child custody, support, and property division.

   
   

2. Contested Divorce Application - Used when spouses cannot agree, and the court must decide on unresolved issues.

   
   

Here’s what you need to do first:

• Get the Application Form: You can find the necessary forms on the Ontario Court of Justice website or at your local courthouse.

  
  

• Fill Out the Forms Carefully: Provide accurate information about your marriage, separation date, children (if any), and reasons for divorce.

  
  

• Fees: The fee to file the Application is typically around $224, and the fee to file the Affidavit for Divorce is $445.

  
  

• File the Application: Submit your completed forms to the court either in person or online, depending on your location.

  
  

Once you file, you must serve your spouse with the divorce papers. This means officially delivering the documents so they are aware of the proceedings. You cannot serve the papers yourself; a third party, such as a friend, family member, or a professional process server, must serve them.

If you’re unsure about any step, consulting a family lawyer can save you time and reduce stress. Remember, getting a divorce in Ontario is a legal process that benefits from clear guidance. Shankar Law Office can help you navigate this process. Our staff are skilled, thorough, and reliable.

How long does it take to get a divorce in Ontario?

One of the most common questions I hear is, “How long does it take to get a divorce in Ontario?” The answer depends on several factors, including whether the divorce is contested or uncontested and if there are children involved.

• Uncontested Divorce: If both parties agree on all terms and there are no complications, the process can take as little as 4 to 6 months from filing to final order.

  
  

• Contested Divorce: When disputes arise, the process can extend to a year or more, especially if court hearings are required.

  
  

• Children Involved: Custody and support issues often add complexity and time to the process.

  
  

The one-year separation period is a mandatory waiting period before a divorce can be granted. This means even if you file immediately after separation, the divorce won’t be finalized until at least one year has passed.

Patience is key here. While the wait can be frustrating, it’s designed to give both parties time to adjust and resolve outstanding matters.

Important Considerations During the Divorce Process

Filing for divorce is not just about ending a marriage; it also involves addressing important issues that affect your future. Here are some key points to keep in mind:

• Child Custody and Support: The court prioritizes the children's best interests. You may need to negotiate parenting arrangements and financial support.

  
  

• Property Division: Ontario follows the principle of equalization of net family property. This means assets acquired during the marriage are generally split equally.

  
  

• Spousal Support: Depending on your circumstances, one spouse may be required to provide financial support to the other.

  
  

• Legal Advice: Even if your divorce seems straightforward, consulting a lawyer can help protect your rights and ensure all paperwork is correctly completed.

  
  

It’s also wise to keep copies of all documents and correspondence related to your divorce. Staying organized will help you track deadlines and avoid unnecessary delays.

Tips for a Smoother Divorce Experience

Divorce is never easy, but there are ways to make the process more manageable:

• Communicate Clearly: If possible, maintain open and respectful communication with your spouse. This can reduce conflict and speed up resolution.

  
  

• Seek Mediation: Mediation services can help you and your spouse reach an agreement without going to court.

  
  

• Stay Informed: Understanding the legal steps and your rights empowers you to make better decisions.

  
  

• Take Care of Yourself: Divorce can be emotionally taxing. Don’t hesitate to seek support from friends, family, or professionals.

  
  

If you live in Grey, Bruce, Huron, or the surrounding areas, local legal resources and family law professionals can provide valuable assistance tailored to your needs.

Moving Forward After Filing for Divorce

Once you’ve filed and served the divorce application, and any disputes are resolved, the court will issue a divorce order. This order legally ends your marriage and allows you to move forward with your life.

Keep in mind:

• The divorce order becomes final 31 days after it is granted, during which time either party can appeal.

  
  

• You will receive a Certificate of Divorce, which you may need for legal or personal reasons.

  
  

• It’s important to update your personal records, such as your will, insurance policies, and beneficiary designations.

Divorce marks a new chapter. While the process can be challenging, it also offers an opportunity for a fresh start.

If you’re considering getting a divorce in Ontario, understanding these steps can help you feel more confident and prepared. Remember, professional legal support is available to guide you through every stage.

The Family Law team at Shankar Law Office can assist you with following these steps and staying informed. We can help you navigate the Ontario divorce process with greater ease and clarity. Now with four local offices to serve you better in Owen Sound, Port Elgin, Wiarton, and Kincardine.

 We are always here to help you!