How to Go About Getting A Divorce in Ontario Written on December 12, 2009, by Jared Fletcher.
You have to meet certain requirements to get a divorce in Ontario. To begin with either you or your spouse should have lived in the province of Ontario for a whole year before you can proceed with your divorce. It is also necessary for you both to have lived apart for the same period of time at the time of filing for divorce.
It is always easy to go for an uncontested divorce in Ontario. For this there should be total cooperation between the concerned couple. In such a situation you don’t have to appear before a judge to divide your assets or settle the terms of your divorce. You can jointly prepare the terms of the divorce on such issues as division of assets, child support and spousal support etc. Usually this is done in the presence of the attorneys of the two parties. Or you can also the aid of a mediator to avoid a possible judicial dispute.
Things can be very hard if you are filing a contested divorce in Ontario. Under the circumstances, you have to establish that your spouse had sexual intercourse with another person and you are not willing to forgive and forget or that he/she has been physically or mentally cruel to you. Adultery is almost impossible to prove as none will be ready to acknowledge such wrongdoing. Apart from these, initiating legal proceedings on the issues can cost a lot of money and can be very time consuming. Why go to all such trouble when all that is needed is leading separate lives for one year?
If you have decided to file for divorce, you ought to do certain things to protect your interests and make your divorce move smoothly forward. First of all, do all your business and personal paperwork before filing for divorce. If you have a house in joint possession with your spouse, the deed of the house or a mortgage contract is necessary. You also will need all records of any debts that you may have. In the same way, keep ready records like checking account, retirement plan if any and such things. Lastly, make a copy of the certificate of your marriage. Then put them all into a single file.
After having collected all these papers, you can start the process of submitting your papers for that divorce in Ontario. The fee for filing a divorce can vary according to the province you live in, but usually it comes to somewhere below $100. Really, a lawyer is unnecessary to file your divorce papers, but it is always a good idea to consult one prior to filing for divorce. A lawyer can be helpful in going through the process of filing the papers as well as assisting you with the paperwork. Since laws of divorce are not the same in all provinces, a lawyer will come in handy.
Once your papers are filed for a divorce in Ontario, the judge will fix a date for the trial. Once he/she verifies each and every document that has already been submitted, the judge come to a decision on every issue concerned and allow a divorce. But if you have filed for divorce on grounds of separation, the case can last anything from 2-4 months. After a lapse of thirty days from the granting of the divorce, you can put in an application for the Certificate of Divorce. This document prove without any doubt that you are really and truly divorced. In case you decide to go for another shot at marriage, you require the Certificate of Divorce.
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