Divorce can be a challenging life event, but opting for an uncontested divorce can make the process smoother, faster, and less costly. In Ontario, this approach is particularly appealing for couples who agree on key issues such as child custody, property division, and support payments. Here’s a step-by-step guide to securing an uncontested divorce in Ontario.
What Is An Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major issues or when one spouse files for divorce and the other does not dispute it. This type of divorce is simpler and typically avoids the need for lengthy court battles. It focuses solely on the dissolution of the marriage, making it ideal for couples without unresolved disputes.
Meet The Basic Requirements
Before applying for a divorce in Ontario, ensure you meet the following conditions:
- Residency: At least one spouse must have lived in Ontario for at least one year before filing.
- Grounds For Divorce: The most common ground for divorce in Canada is a one-year separation. Other grounds include adultery or cruelty, but these often require additional evidence and may complicate the process.
Gather Necessary Documents
To file for an uncontested divorce, you’ll need:
- Marriage Certificate: This proves the legality of your marriage. If it’s not in English or French, you’ll need a certified translation.
- Separation Agreement (if applicable): This outlines how you’ve resolved issues like child custody, support, and property division. While not mandatory for divorce, it’s beneficial if disputes arise.
- Financial Disclosure: If financial support or property division is involved, both parties may need to provide financial statements.
Complete The Divorce Application
In Ontario, uncontested divorces use the “Simple Divorce” application. This involves completing:
- Form 8A (Application for Divorce): This outlines your request for a divorce.
- Form 6B (Affidavit of Service): Proof that the other party has been served the divorce application.
- Form 36 (Affidavit for Divorce): Confirming the information in your application is accurate.
These forms are available through the Ontario Court of Justice website or at family court locations.
File The Application
Submit your completed forms and pay the applicable fees at your local family court. The fees are approximately $632, split into two payments:
- $212 when you file your application.
- $420 before the divorce is finalized.
Fee waivers may be available for those facing financial hardship.
Serve The Divorce Papers
You must serve a copy of the application to your spouse, using a third party or professional process server. Ensure you follow the court’s rules for proper service.
Wait For Approval
If your spouse does not contest the divorce, the court will review your application. This process usually takes 4-6 months. Once approved, you’ll receive a Divorce Order. After 31 days, the divorce becomes final, and you can request a Certificate of Divorce.
Tips For A Smooth Process
- Communicate Clearly: Maintaining open communication can prevent misunderstandings.
- Seek Legal Advice: Even if the divorce is uncontested, a lawyer can review your documents to ensure accuracy.
- Use Online Services: Several platforms streamline the application process, saving time and money.
Conclusion
An uncontested divorce in Ontario is an efficient option for couples ready to move on amicably. By following these steps and preparing thoroughly, you can navigate the process with ease.
Explore for more amazing content our related category.
