Uncontested Divorces
How to Get a Simple Divorce in Toronto
May 31, 2020
In order to get divorced in Ontario, you must file a Divorce Application with the Ontario Superior Court of Justice. Depending on whether you and your spouse agree to get divorced, there are a number of steps that must be taken.
If both you and your spouse agree to get divorced, and agree to the terms of your divorce, the divorce is uncontested, and you can proceed with a simple divorce.
Simple Divorce
Simple divorces and be obtained by completing the Divorce Application, having the Application issued by the court, and serving a copy of the Application unto your spouse. If your spouse does not respond within thirty days, the divorce will be considered uncontested, and you can file the second document, an Affidavit of Divorce, along with your original marriage certificate with the court. Once this is complete a Judge will issue the divorce, and it will come into effect within thirty days. The cost of a simple divorce in Ontario is $632.00
Another option is for you and your spouse to complete a Joint Divorce Application together. This can speed up the process. This method will eliminate the need to serve your spouse.
If you require assistance with completing a simple divorce, you can retain a divorce lawyer to complete this process for you. It is important to note that even if both parties agree to get divorced, one lawyer cannot represent the both parties, as this is a direct conflict of interest. It is always advisable for both parties to obtain independent legal advice.
Choosing a Lawyer and Attending a Consultation
Legal consultation can be free or paid. Most free consultations work more like a meet-and-greet, and the lawyer will likely offer you generic advice. Paid consultations are typically more in depth, and the lawyer will have the time to get an idea of your personal situation and tailor their advice to you.
When attending your consultation, come prepared with answers to the following questions:
- What was the date of marriage and separation?
- Did you live together before getting married? For how long?
- Are there children involved?
- Is there property involved?
- What result are you looking for, in terms of property and the children?
Also be prepared to talk about:
- Your financial status; and
- Any domestic violence – both physical and verbal – in your relationship.
The information above will allow your lawyer to determine whether your case can be resolved by a simple divorce, or whether other action is necessary.
When choosing a divorce lawyer, choose a lawyer that:
- Speaks plain English. This is to ensure that you are able to understand each step of the legal process;
- You are comfortable with. You should be able to share your story openly and honestly. It is only when your lawyer has a full picture of the facts that they will be able to strategize effectively; and
- Is within your price range. The divorce process can take longer than expected, especially when there are other issues at hand, such as division of property, or coming to an agreement about the children. It is important to ensure that you will be able to afford your lawyer, in order to avoid having to change lawyers mid-way through the divorce process.
Selecting the right lawyer will ensure that the process is as seamless and as efficient as possible.
Book a consultation with a lawyer at Quick Divorce to get your simple divorce started.
