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Get answers here to frequently asked questions
about uncontested divorce in Ontario...
NOTE: You may have heard
something in the news about a new requirement that couples
attend a mandatory information program session before filing for
divorce. The news is inaccurate and misleading: First, it is not
a new rule. The rule has been in effect in Toronto for many
years. Second, nothing new happened as of the date stated in the
news reports. The rule
went province wide on September 1, 2011. Third, and most importantly, the requirement does NOT
apply to 'simple' divorces. It only applies if you are
asking for something in addition to the divorce (spousal support, child custody/access support, division of
property, etc.). It also does not apply to joint
divorces.
Click here to read what our customers are
saying
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How does your service work?
ezDivorce
prepares and files simple 'sole/uncontested' and simple joint
divorces. A 'simple' divorce means that you are only asking the
court for a divorce and nothing else - you are not asking for any
orders with respect to spousal support, child custody/access/support,
division of property and/or debts, pensions, etc.
A sole/uncontested divorce is where you sue your spouse for divorce.
After the papers are filed with the court, your spouse is served
with a copy of the papers. He or she then has 30 days (60 if served
outside of Canada or the USA) to contest (challenge) the divorce or
make his or her own claim for things like support, division of
property, etc. If your spouse does not contest the divorce within
the required time period, the divorce will proceed as 'uncontested'
and should be finalized by the court several weeks later.
In a simple 'joint' divorce, neither spouse is suing the other for
divorce. Both spouses are saying to the court together: "we both
want this divorce". Both souses are the divorce applicants and must
both sign the Joint Application for Divorce and the Joint Affidavit
for Divorce.
In some cases, both spouses are willing to sign the joint papers. However,
this may be inconvenient if, for example, one of the
spouses lives overseas. This does not, however, make a joint divorce
impossible. It just takes a bit more coordination. Many couples want
to do a joint divorce regardless of any logistical issues. Others
choose to go the 'sole/uncontested' route simply because it is much
more convenient for one of the spouses to take care of all of the
required paperwork. The timing and cost are the same whether you do a
simple joint divorce or a simple sole/uncontested divorce where both
spouses are cooperative.
See this page for information about the
step-by-step process.
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What paperwork will I need to get my divorce?
You will need either your original
marriage certificate or a certified copy issued by the governmental
agency responsible for issuing certificates. To order a replacement
Ontario marriage certificate, see
this page. (If you were married outside of
Canada and the US, you must do your best to obtain a replacement
certificate if the original is lost or if you only have a photocopy.
If your best efforts fail, you will still be able to obtain a divorce.)
If your current marriage took place
outside of Canada, and you were previously divorced, the law requires
you to show proof of the prior divorce.
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- I want to file for legal separation. Can you help me?
No - there is no such
thing as filing for separation in Ontario.
You are
legally separated when you and your spouse are 'living separate and
apart'. See
www.ezdivorce.ca/separation. You can file for custody of your children, or for support,
division of property, etc. without filing for divorce. However, in Ontario, there is no filing
for 'legal separation'.
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We've been separated for 10 years. I heard that you are
automatically divorced after 5, 7, 10 years, etc. of separation.
Not true. In Canada,
it doesn't matter how long you are separated - there is no
'automatic' divorce.
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Do I have to have a separation agreement?
It is always better if the two of you can agree on how to settle the
issues between you. Court proceedings can be very expensive and take
a long time. Signing a separation agreement is a very important
step. Your decisions now can affect you and your children for the
rest of your lives.
The law leaves the
decision about having a separation agreement to you. You may have a
hard time proving that you and your spouse had promised to settle
things a certain way if you do not have a written, signed and
witnessed separation agreement. This could be a problem if your
spouse stops respecting your informal agreement.
See
www.ezdivorce.ca/agreement
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I’ve just separated - can I start the process now?
You
can file the application for divorce any time after you separate.
However, unless your divorce is based on adultery or abuse, the
court will not finalize the divorce until you have been separated
for a year.
NOTE: The Divorce Act requires
that you live "separate and apart" for 12 months - this does not necessarily mean in separate homes. Many people get divorced who
still share the same home for economic or other reasons. Click
here for more info.
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I don't know where my spouse lives. Can I get a
divorce?
Yes 'but'...
Click here
for that answer.
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- My spouse is not paying child support (or is
paying less
than the Federal Child Support Guidelines "Table Amount").
I just want a divorce and don't want to have to deal with child
support at this point. Can I
still get a divorce?
Yes 'but'...
Click here
for that answer.
- I already purchased forms from another company,
figuring I could do it all for $50. They may as
well have been written in another language.
How are yours
different?
Many of our customers did the same - and then hired
us.
With
ezDivorce,
you do not fill out any of the court forms - we do that for you. All
you have to do is complete a simple online questionnaire. We use your answers to draft the appropriate court
documents.
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What is the difference between a 'Simple Joint Divorce',
and a 'Simple Sole/Uncontested' Divorce'?
Click here for
this answer.
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Do your fees cover court
costs?
No.
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How much are the court's fees?
Mandatory:
$167
when the Application for divorce is filed.
Mandatory:
$280
when the Affidavit for divorce is filed about 6 to 10 weeks later.
Optional:
$19 per optional certificate of divorce (required when re-marrying in
the future).
The court's fees can be waived
if you have very low income. Read this.
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Why do you charge more
for filing outside of Toronto?
We have to pay agents to file papers at courts outside of Toronto.
Are there any other
possible costs or fees?
1. You need to have a your original or government certified copy of your certificate of marriage
or registration of marriage. Ontario charges $15 for this.
2. If your marriage certificate is in a language other than
English or French, you will have to pay to have a certified
translation prepared.
3. For a joint divorce, both husband and wife must come in together. If you require separate appointments, an additional fee of
$50 will apply.
4. If in a sole/uncontested divorce your spouse refuses to cooperate
with being served with a copy of the divorce papers by mail he or
she must be served in person. You
would either have to arrange for a friend or
family member to do it or pay a professional process server to
do it for you. The cost for this can vary widely. We recommend
getting several quotes before choosing a process sever. (We can
refer you to some in certain areas.)
5. If you cannot find your spouse, click here
to read about the various additional fees.
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Do I have to go to court?
If you mean, do you have to appear
before a judge? – the answer is no, unless your spouse contests the
divorce.
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How long will all of this take?
The divorce is usually granted within 2 to 3 months after the
application is filed with the court.
Click
here for more details.
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What do I have to do in
all of this?
After you order one of our packages,
you will fill out a simple online questionnaire. We use your answers to draft your divorce
papers. Once the
forms are finalized, we arrange for you to sign them, we file them,
serve your spouse (by mail) and then make the final filing as soon as the
court rules allow. Click here for more info.
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My spouse lives in
another country or province, can I still use your services? Or: I live in a different country but my spouse lives in
Ontario.…
As long as one of
you is living in Ontario and has been for more than a year, you can file in
Ontario.
ezDivorce is
very experienced with coordinating
overseas and cross-country divorces.
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My
partner and I live in the US and came to Ontario for a 'same-sex'
marriage. I/We now want to obtain a divorce. Can you process my
divorce?
You can only file for divorce in Canada if at least one of you is currently residing in Canada and has been for at least
one year at the time the divorce is filed. If neither of you
lives in Canada, you cannot get a divorce here.
So, where does that leave you? If your state does not
recognize same sex marriages, then you could not (should not) be
accused of bigamy if you re-marry later in that state – or any other
state that does not recognize same sex marriages. You will, however,
likely have a problem if you want to marry someone else in a state, province or
country that recognizes the validity of your Ontario marriage.
If and when your state or any other state in which you reside in the
future recognizes the Ontario marriage, you should get a local
divorce at that time. You should obtain local legal advice about
this.
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