A divorce can be a simple uncontested divorce, a joint divorce or a contested divorce.
To initiate a divorce, you file your divorce papers with the Superior family court branch, you then either sign the court documents jointly with your spouse or serve the court documents on your spouse with the assistance of a third party. If your spouse does not contest the divorce within the required time period, the divorce will proceed as 'uncontested' divorce, or a “simple” divorce as some might call. If your spouse contests the divorce, then it will become a contested divorce.
To file a simple divorce, you will need your original marriage certificate for a divorce. You must also be a resident of Ontario for at least one year. If your marriage certified is not in English, then you also need to have it translated to English by a certified translator. There are three valid grounds for divorces and they are separation for longer than 1 year, unconsented adultery on an ongoing basis and spousal abuse.
A consented divorce order might take 2 to 3 months monthly from when your application is filed with the court to when it is granted. If you are planning to remarry, you are strongly advised to obtain the divorce order from the court before making any plan for the marriage.
If it is a contested divorce, then it is going to get a lot more complicated. It is extremely technical and time consuming to do a divorce Application on your own and there is much room for errors, even if it’s just a simple divorce.
In any case, a well-drafted separation agreement that reduce each parties’ rights and obligations (spousal and child support, custody & access, property division) is a must.
HTW Law can help. Call us now at 647-849-6582 or send us a message if you have some legal questions / inquiries or want to schedule an appointment with HTW Law.