In order to obtain a divorce in Ontario you have to fulfill some prerequisites. As a first step, one of the concerned couple should have resided in the province of Ontario for one year. Besides, both of them must have spent their lives separately at the time of applying for divorce.
It is always easy to go for an uncontested divorce in Ontario. For this there should be total cooperation between the concerned couple. In such a situation you don’t have to appear before a judge to divide your assets or settle the terms of your divorce. You can jointly prepare the terms of the divorce on such issues as division of assets, child support and spousal support etc. Usually this is done in the presence of the attorneys of the two parties. Or you can also the aid of a mediator to avoid a possible judicial dispute.
However, if you are going for a contested divorce in Ontario things are different. In such a case you have to prove that your spouse is guilty of adultery and you are not ready to forgive him/her or physical or mental cruelty. But these are often hard to prove as no person will readily admit to such a thing. Besides legal action on these two issues can be very expensive and takes a lot of time. So it is wiser to sue for divorce citing the one year separation as grounds.
In case you are filing for divorce, you should take some action to safeguard your interests and help the divorce move on without any obstructions. Firstly, get together all your paper work of a business and personal nature in advance of submitting your divorce papers. In case of joint possessions like a house, you need the deed and if the house is mortgaged you will need a contract to that effect. Also collect all your records of things like debts if any, bank accounts, retirement plan etc. Prepare a copy of your marriage certificate too. The next thing to do is to place the whole of this paperwork in one file.
When all these things are ready, you can file your divorce papers. The cost of filing the same is about $100. Although you can file the divorce papers without a lawyer, it is always better to consult one before submitting them. A lawyer can advise you by explaining the process of filing your papers for divorce in Ontario and can help you with the paper work. This is because divorce laws vary form one province to another and consulting a lawyer can make things easy for you.
After the filing of papers for a divorce in Ontario, the judge will set a date for the trial. After verifying all the documents you have submitted, the judge will decide on the issues and grant a divorce. However a divorce on the grounds of separation can take as much as 2-4 months. Exactly one month from the date of judgment, you can apply for a Certificate of Divorce. Don’t forget to get this certificate which is a proof that you are indeed divorced and if you ever want to remarry, you need this certificate.
Visit this site to learn more about how to go about getting a Divorce in Ontario.
If you would like to make a comment, please fill out the form below.
