If both you and your spouse intend to get divorced, you are eligible for a simple divorce. This process can be relatively simple and quick, provided you and your spouse are on the same page, and there are no external issues such as equalization of property, support and custody and access. In order to get a simple divorce, there are a number of steps to consider, including:
Divorce Applications must be filed at the Superior Court of Justice. The location of the courthouse depends on the “habitual residence” of the parties intending to get divorced.
A divorce will be relatively simple and quick if the parties are on the same page, meaning that the divorce is uncontested. There are two ways to file for uncontested divorce: (1) File a sole divorce application, or (2) file joint divorce application.
For a sole divorce, one party initiates the Application, and the other party is served with the Application. Once served the other party either agrees with the contents of the Application, or does not file a response.
For a joint divorce, both parties complete the Application together, which informs the court that they intend to divorce.
It costs $632.00 to obtain a divorce in Ontario. Court fees can be paid by cash, cheque or money order.
Once the simple Divorce Application is issued and filed with the court, the other party must be personally served a copy of the issued divorce application via a third party. Once served, the other party has thirty (30) days to respond. In simple, uncontested divorce cases, the other party will typically agree to the terms of the divorce set out in the Divorce Application, or neglect to respond.
Once the thirty (30) days lapse, the Applicant files an Affidavit for Divorce. The court will review the Affidavit and make an Order for divorce. The Divorce becomes effective after thirty-one (31) days of the Order. Each party will get a copy of the Divorce Order.
Quick Divorce is a Toronto based law firm specializing in affordable, simple divorces.