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Divorce Canada - Ontario Divorce - Toronto Divorce - Uncontested divorce - Joint divorce - Separation Agreements. Cheap and quick. |
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Copyright 2003-2010 - Adam Slater. All rights reserved. "ezDivorce.ca", "easydivorce.ca", "uncontested.ca" and the 'ez button' logo are trademarks owned by Adam Slater, Barrister & Solicitor. Ontario business number 131149395. HST number 87504 0503 RT0001. For the purposes of the following, 'ezDivorce' includes Adam Slater, and any other employee or agent of Adam Slater and/or ezDivorce.ca. Any reproduction, in whole or in part, of the ezDivorce web site by any means is expressly prohibited without the written permission of Adam Slater. The following terms and conditions are subject to change at any time and without notice. Click here to read our Privacy Policy.
DISCLAIMERS 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 FROM HIM OR ANY OTHER LAWYER. The only services provided by ezDivorce are the proper completion and filing of the forms required to obtain a ‘simple’ divorce in Ontario, Canada, and the completion of basic separation agreement templates*. (Note: the use of the term ‘simple divorce’ in this disclaimer includes joint divorces in which the only request is for a divorce.) *Note: the separation agreement comes with its own, additional and significant disclaimer. Once you have reviewed the terms set out below, please go to www.ezdivorce.ca/disclaimer to read the additional terms and disclaimers related to the separation agreements if you are considering purchasing one.
Obtaining legal advice from a lawyer before filing for divorce can help you understand the effects a divorce can have on your rights and obligations and it is highly recommended that you do so before purchasing ezDivorce's services as you will not receive such advice from Adam Slater or anyone else affiliated with ezDivorce. (The Ministry of the Attorney General of Ontario has prepared a publication entitled "What You Should Know about Family Law in Ontario". It is available in nine different languages at: www.attorneygeneral.jus.gov.on.ca/english/family/famlawbro.asp. If you do not consult with another lawyer before using or even considering using ezDivorce to prepare and process your 'simple' divorce, you should at least review this material.) (The Law Society of Upper Canada has a lawyer referral service: see www.lsuc.on.ca/public/a/faqs---lawyer-referral-service/.) Your purchase of ezDivorce's 'simple' divorce services will not include any advice with respect to your or another person's specific legal interests, rights or responsibilities. You will not be 'represented' in court by Adam Slater or anyone else affiliated with ezDivorce: the court papers will indicate that you are representing yourself. If your spouse contests the divorce or makes his or her own claim, you will either act for (represent) yourself or retain the services of a lawyer other than Adam Slater. If you purchase ezDivorce's services, you should not be under the impression that Adam is or will be 'your lawyer', 'acting for you', your 'legal representative', etc. The provision of the forms and their filing with the proper court do not constitute a statement, warranty, guarantee or otherwise that the court will accept your application for divorce, except as set out below. Users and purchasers assume all risks associated with any transfer of information to ezDivorce, and with any other use of this site. While all reasonable efforts have been taken to ensure the security of the information while in transit to ezDivorce, it does not warrant such security, and is not liable for any damages which may arise as the result of interception, loss, theft or other action or difficulty. ezDivorce will not be responsible in any manner for direct, indirect, special or consequential damages caused in any way as the result of the use of this service. Please note that the information on this web site may change at any time without previous notice. Links to other web sites or references to products, services, or publications other than those of ezDivorce or affiliated sites do not imply the endorsement or approval of these web site products, services or publication by ezDivorce. Additional Disclaimers ezDivorce will be not be responsible if your divorce is not granted for any of the following reasons: (1) your spouse contests the divorce or makes his/her own claim; (2) child support is not being paid in accordance with the Federal Child Support Guidelines; (3) the legal basis for your divorce is adultery*; (4) you or your spouse make any court filing without using ezDivorce (or pursuant to our specific instructions) in respect of such filing or motion; (5) where for any reason not within ezDivorce's exclusive control, your Application for divorce is dismissed** or otherwise not granted by the court; or (6) there is no legal basis in either the Divorce Act or Family Law Rules for the court to not grant the divorce based on the terms of your application (e.g. where a local court makes its own rule or rules that are not part of the Divorce Act or Family Law Rules).
Fees, etc. See www.ezdivorce.ca/fees for a full description of our fees. You may cancel your purchase if your request to do so is received before the divorce forms are e-mailed to you (or provided to you if you choose to pay in person). The entire purchase fee is allocated to the drafting of the required court forms pursuant to the intake form that you submit. The filing and serving (by mail) services are provided at no additional fee. If you decide to change from a sole/uncontested divorce to a joint divorce or vice versa after the forms have been drafted and emailed to you, a fee of $50 + HST will apply. HST All fees, except the fees that the court charges, are subject to the 13% Harmonized Sales Tax. Court Fees The court charges its own fees which are separate from the ezDivorce fees. You are responsible for the court's mandatory fees, which total $447 unless such fees are otherwise waived by the court. The $19 fee that the court charges for each optional divorce certificate is not included in the $447. (You will automatically get a final divorce order which is the paper granting the divorce. The divorce certificate is 'optional': you need this when you re-marry. The court will only issue you a divorce certificate if and when you request (either in person or using a simple mail-in form) and pay ($19) for one.
Child Support
Serving your spouse Unless you are filing a joint divorce (where both you and your spouse sign all of the necessary paperwork), after your Application for Divorce is issued by the court, your spouse must be 'served with' (given) a copy thereof. The ezDivorce fee includes service of the Application on your spouse by regular mail at no additional charge. Service by mail is only accepted by the court if your spouse signs and mails back an 'Acknowledgment of Service' form that is included with the mailing. If your spouse does not do this, he or she must be served in person. You will either have to arrange for a friend, family member or a pay a professional process server to do it at your expense. Contested Divorce ezDivorce only assists with simple, uncontested divorces. After your spouse is served with a copy of the issued Application for Divorce, he or she will have 30 days (60 days if served outside of Canada or the USA) to contest the divorce or make his or her own claim (by serving you with and filing specific court forms). If this happens ezDivorce services will come to an immediate end. No part of the purchase price will be refunded. Commissioning of Affidavits Your purchase includes commissioning of the required affidavit for divorce at our office in Toronto (at Yonge & St. Clair) at no additional charge. If you cannot or choose not to come to the office in Toronto for this, you can/must arrange for and cover the cost of having your affidavit commissioned locally on your own (this can often be done for free or at a very low cost at certain local government offices - we will tell you how). The free commissioning assumes one appointment. If you are doing a joint divorce and require separate appointments, a fee of $50 + HST will apply. Missing Spouses If you cannot find your spouse, ezDivorce can assist you with the preparation and filing of a 'motion to dispense with service' or 'motion for substituted service'. Click here for more details. If the court rejects the initial motion material, but gives instructions on what other steps are required, there will be additional fees of $50 to $200 to prepare and file the additional material. ezDivorce cannot guarantee that the motion will be granted - however, to date, all such motions that we have filed have been granted. Timing On average, it takes 3 to 4 months from when your Application for Divorce is issued by the court until your divorce will be finalized. There is however no guarantee about timing. Some courts move much slower (either all of the time or occasionally) than others. If you are planning to remarry, you are strongly cautioned not to make any plans until you have your divorce certificate in your hands. See www.ezdivorce.ca/process. Affidavit of Service/Supplemental Court Filings Your purchase includes, at no additional charge, two court filings only: filing of the Application for Divorce and then the 'set-down' material that finalizes the divorce, usually 6 to 8 weeks after the Application is filed. These are the only necessary filings 99% of the time. In a 'sole/uncontested' divorce, your spouse will have 30 days (60 if served outside of Canada or the USA) after being served with a copy of the divorce application to contest the divorce or make his or her own claim. The court will not know when the 30/60 day clock starts to run until an Affidavit of Service is filed with the court, indicating when your spouse was served. ezDivorce normally files the Affidavit of Service with the 'set-down' material. Unless you request otherwise, and pay an additional fee ranging from $50 to $125, depending on which court location your divorce was filed, ezDivorce will not file the Affidavit of Service before the 'set-down' material is filed. Therefore, if you are starting your divorce after only being separated for a few months, and your spouse is served with a copy of the divorce application soon after it is issued by the court, unless the Affidavit of Service has been filed, your spouse will not be stopped from trying to contest the divorce well after his or her time to do so may have expired. If this happens, you may have the Answer dismissed by the court, however it may be a difficult and costly process. If you are certain that your spouse will not contest the divorce, this should not be an issue. However, it is up to you whether or not to pay the additional fee to have the Affidavit of Service filed a.s.a.p. after service has been accomplished. Again, 99% of ezDivorce customers do not opt for this additional filing - it is just being set out here so you are aware of the possibility and your options. Change of Address for Service Family Law Rule 6(6) states: "A party whose address for service changes shall immediately serve notice of the change on the other parties and file it." So, if you move while the divorce is still in process, you must "immediately serve notice of the change" of address on your spouse and file it with the court. You can either do this yourself (including filing the notice with the court) or pay ezDivorce to do this for you (fee ranges from $50 to $125 depending on the court location). Location
of court filing
Special notice for divorces
filed in Kitchener and St. Catharines Communications Virtually all communication between ezDivorce and you will be through e-mail. It is your responsibility to inform us of any changes to your email address and any changes to your phone and mailing addresses. Revised on 01 July 2010 Copyright 2003-2010. All rights reserved. |
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