On average, it takes anywhere from 2-4 months. However we cannot guarantee a time frame, as each court is different and may be slower in granting your divorce. If you plan to re-marry it is strongly encouraged that you wait for your divorce order before making any arrangements. This way you may be able to avoid unnecessary cancellations and expenses.
Yes, as long as one of the spouses is a resident of Ontario for at least one year.
It depends on the package you purchase. The Platinum Package covers filing your divorce documents and attending the courthouse on your behalf. The Easy Docs Package does not, in which case you will have to attend court yourself.
No. Unless you require other documents such as marriage certificate, separation agreement, and divorce certificate.
$167 – When filing the application for divorce
$280 – When filing the affidavit for divorce (6-10 weeks after application)
$447 – TOTAL
No. Court fees are mandatory and are in addition to our service fee.
No, however it may be a good idea. A separation agreement is one of those documents that makes the thorny path of divorce much smoother and puts future perspectives into view with greater clarity and surety.
Separation agreements offer benefits along the following points:
The agreement states how the couple wishes to divide their entire monetary assets including all investments and shares. So they cannot fight on these grounds or try to cheat each other. Pension benefits and claims are also cleared out at this stage.
It states how they will resolve the ownership of their house and other property (if any). If the house is to be sold, it will state how the proceeds are to be shared. The same applies to any second property, inheritance or land that the couple may hold. So, there is no ground of dispute left over this either.
It states how the other movable assets of the couple would be distributed, keeping in mind changing conditions such as remarriage, selling and maintenance costs. So there can be no tug of war with the computer, microwave or car.
The separation agreement also states what the couple will be doing about their children, or leads to a separate agreement on this. So all those details of maintenance, visitation and custody must be mentioned here, and then adhered to in future no matter what the circumstance is. This has come as a blessing to countless single parents who can catch hold of their truant ex and demand the rightful maintenance amount.
The couple may also note any other detail on which there may be a dispute in future or there is, according to any of them, a chance of such dispute happening.
Yes – but you will not be able to file the second part of the process (affidavit for divorce) until you have been separated for 12 months.
Separation is the act of living “separate and apart” for 12 months. Living separate and apart does not necessarily mean living in different residences. Many separated couples still live in the same house due to economic issues or because of children and are still classified as “separated”.
Separation is one of the legal requirements for divorce but is not mandatory if you fall under any other two categories. The other two categories are adultery, and physical and/or mental cruelty.
Yes. There is no automatic divorce that takes place if you and your spouse have been separated a long time. If you plan to re-marry you will need a divorce certificate before you can proceed.
You will need the original marriage certificate or a certified copy. If you have lost your marriage certificate and require a replacement please click here
. If you have been previously divorced, you will need to show a divorce certificate as proof when filing this time.
In a sole divorce on spouse is suing the other party for divorce. When your application is filed, your spouse will be served with the papers and will have 30 days (60 days if outside of Canada) to respond or “contest.”
In a joint divorce both parties are willingly filing for divorce and have no issues regarding assets, custody, and debts etc. Both parties will sign the joint application for divorce and the joint affidavit for divorce.
Yes. One party filling for divorce already indicates the marriage has broken down. This would be a “sole” divorce.
Consultants form Simple Separation prepare and file “uncontested” or “simple” divorce cases. This means that the parties seeking divorce have no issues regarding division of assets, custody of children, and debts etc.
Generally, for an uncontested divorce, the following must apply:
- No relief other than divorce is being requested. The issues of child
support, access and custody have been resolved by the parties through a
separation agreement or court order.
- The grounds for divorce is one year separation.
- There are no problems serving your spouse.
- Your spouse is not going to file an Answer.