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Detailed
requirements for using
ezDivorce
to obtain your Ontario, Canada divorce.
Requirements:
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Residency -
Either your or your spouse's current regular place of
residence must be in Ontario and has been so for at
least one consecutive year at the time the divorce
is filed. If this is not the case, you cannot start the
divorce until at least one of you has been residing here for
a full year.
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Divorce Only
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ezDivorce
only deals with 'simple' divorces - your only request
can be for a divorce. If you have disagreements as to
division of property, support and/or child-related issues
and want the court to deal with the disagreements,
ezDivorce
is not for you. If you use
ezDivorce
to file your divorce
and your spouse contests it or makes his or her own claim(s), our services end there. You
will have to continue on your own or get a traditional
divorce lawyer.
Uncontested Divorce, Simple Divorce or Joint Divorce?
- You cannot file an 'uncontested divorce' - you file a
simple divorce that becomes 'uncontested' if your spouse
does not respond to the filing. In a 'joint divorce',
neither spouse is suing the other for divorce - you are both
applying to the court for a divorce. Click
here to learn more.
-
Legal Basis for Divorce -
To use
ezDivorce
your divorce must be based on one year of
'separation' (read more below) or adultery, but only where
the cheating spouse will admit the adultery in an affidavit.
Separation - The Divorce Act requires that you have
been 'living separate and apart' for one year. 'Living
separate and apart' does not necessarily mean
in separate residences.
ezDivorce
has filed many divorces where
the spouses are still sharing the same residence for economic or
child-related reasons. Also note: you can file your
divorce before your one-year separation is complete -
however, the divorce cannot be finalized until the year is
up.
Separation Agreement - The courts do not
required that you have a separation agreement - however any
lawyer would recommend that you have one - particularly where you have children and/or own property
that must be divided.
ezDivorce
can draft a separation agreement for you for $300 + hst.
Click here for details.
Children - The Divorce Act requires the court "to
satisfy itself that reasonable arrangements have been made
for the support of any" minor children. Some judges may force you to
at least request an order for support if your spouse is not
paying.
ezDivorce recommends that you have a separation
agreement that sets out issues with respect to child
custody, access and support - however it is not a legal
requirement in order to get a divorce.
NOTE: If you are the support payor and you are paying
less than what the Federal Child Support Guidelines say that
you should be paying, it is very likely that the court will
not grant your divorce unless you agree to the proper level
of support or unless you have a written agreement or written
consent from your spouse with a very good explanation for
the lower amount of support.
ezDivorce
will not process a divorce where the Applicant is not paying
proper child support in most situations.
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Documentation
Marriage Certificate - Generally, you need your
original or government issued copy of your marriage
certificate. If you lost the original or don't have an
official replacement, you must try to get a
replacement - if you were married in Canada or the USA, you
must obtain a replacement. If your marriage took
place elsewhere, you can get your divorce even if you are
unable to obtain a replacement. Click
here to obtain a replacement Ontario
marriage certificate if you lost your original.
If your marriage certificate
is in a language other than English or French, you must
have it translated by a certified translator.
Prior Divorce/Death - Per the Divorce Act, if your current
marriage took place outside of Canada, you must provide the
court with copy of any prior divorce certificate or death
certificate if you are a widow(er). However, many courts in
Ontario (including Toronto) require this if your marriage
took place outside of Ontario. In practice, the same issues
about foreign marriage certificates applies - if you tried
but can't obtain a copy of your foreign divorce certificate,
you will still get your
divorce.
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Serving Spouse
Unless special permission is obtained by the court,
your spouse must be given a copy of the divorce papers after
they are filed with the court (unless you are filing a joint
divorce where both spouses sign the forms together).
The
ezDivorce standard fee includes serving your spouse by
regular mail - this requires your spouse's cooperation by signing an
enclosed acknowledgment of receipt form and mailing it
back to us. If your spouse won't do this, he/she must be served
in person (in which case there is nothing for your spouse to
sign). The person who hands the papers it to your spouse
must then swear an
affidavit that he/she served your spouse. You cannot
do this yourself. If you need a professional process server to serve
your spouse, you must arrange and pay for this yourself
(we'll let you know how).
If your spouse evades personal service, we must, at an
additional fee, get permission from the court for an
alternative method of service (e.g. placing an ad in the
local newspaper).
Missing Spouse - If you have no idea where
your spouse is and have exhausted all reasonable means of
finding him/her, you must get special permission from the
court to get your divorce. Click
here to learn more.
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Child Support & Divorce in Canada
Click here to learn more about
child support in Canada.
Click here to read what our customers are
saying
*THE FACT THAT THE
OWNER/OPERATOR OF
ezDivorce
IS A LAWYER SHOULD NOT
LEAD YOU TO BELIEVE THAT YOU ARE PURCHASING AND/OR RECEIVING
LEGAL ADVICE OR REPRESENTATION.
The only services
provided by or through
ezDivorce
are (1) the completion and filing of the forms required to
obtain a simple divorce in Ontario, Canada, and (2) the
completion of basic separation agreement templates - in each
case without the provision of legal advice or
representation.
Please review our
terms of purchase and privacy policy.
Copyright 2003-2010. All rights reserved.
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