ezDivorce.ca prepares
and files 'simple' divorces only. 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. If you want to court to deal with
issues other than the actual divorce, you would be filing a
regular divorce.
ezDivorce.ca only
assists with simple divorces.
When neither
spouse is opposed to the divorce, there are two basic ways to
proceed. The first is by way of a simple 'sole divorce' - often
incorrectly referred to as an 'uncontested' divorce. In this
case, either the husband or wife files papers with the court
asking for a 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.
Ontario Simple Joint Divorce
The second way
to proceed is by filing a 'joint' divorce. With this type of
divorce, both husband and wife sign and swear the divorce papers.
Neither spouse is suing the other for divorce - you are telling
the court that you both want the divorce.
Choosing between filing a
simple and joint divorce is often based on convenience - if both
spouses can arrange to meet to sign the papers, a joint divorce
can be a bit easier. In some cases, both spouses are willing to
sign the joint papers, however it may be inconvenient because,
for example, one of the spouses lives overseas. This does not,
however, make a joint divorce impossible. It just take 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 is the same whether you
do a simple joint divorce or a simple sole/uncontested divorce
where both spouses are cooperative. The actual final divorce
order is the same - there is only a slight difference in wording
between a sole and joint divorce order.
*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.
