We offer full services for your divorce including the preparation, service, and filing of all court documents.
do I need a divorce?
The only legal reason you need a divorce is to remarry.
A divorce will also impact the assumptions related to your assets if you die without a will (governed by the Succession Law Reform Act), and will likely have the effect of terminating your ability to provide or receive benefits through an employer to your former spouse.
The majority of divorce cases proceed uncontested, and other divorce cases include divorce as part of their legal claims proceeding in court.
what is an uncontested divorce?
If you are seeking only a divorce, and not looking to settle any other issues related to parenting, support, or property, you will proceed in almost all cases with an uncontested divorce.
what are the grounds for divorce?
There are three grounds for a divorce - adultery, cruelty, and living separate and apart for one year. In almost all cases, you will proceed on the basis of living one year apart.
when can i proceed with the divorce?
As most cases proceed based on living one year apart, many people seek their divorce after they've been separated for at least a year. In some cases, you can start a few months before that, but the divorce cannot be finalized until the one year apart has been reached.
what is the process for getting an uncontested divorce?
An uncontested divorce is a process whereby one spouse starts the Application and serves the other spouse. If the other person does not respond within the 30 days given to respond to the Application, the divorce can proceed uncontested.
When you hire us to complete your divorce, we take care of all these steps for you including the preparation, serving, and filing of the necessary documents at court.
what do you have to do?
You need to provide our office with the retainer of $1,356.00, which is $1,200.00 + HST.
You also provide our office with the original marriage certificate. If the certificate is not in English, you need to provide the original along with a certified translation. If you do not have the original marriage certificate but married in Ontario, you can obtain a new one online. While this seems onerous, it is necessary. If you were not married in Ontario and do not have your certificate, we can help you prepare an Affidavit to explain your situation to the court. Your original certificate is not returned to you unless specifically requested.
You will have to attend at our office to sign the Application and Affidavit for Divorce when requested. These appointments are brief and can be done at your convenience.
Community Legal Education Ontario ("CLEO") provides a helpful brochure entitled "Can I get a Divorce?"
The Ministry of the Attorney General ("MAG") also provides step by step instructions on the divorce process. These can be obtained by attending at the family court counter of any courthouse. Information on court processes in general found on the MAG website here.