Filing for divorce in Ontario can be a straightforward process if approached with the right information and preparation. Here’s a detailed guide to help you navigate the initial steps of filing for divorce:
Preparing for Divorce
Gather Necessary Documents: Before initiating the divorce process, it’s essential to collect all necessary documents. These include:
- Personal Identification: Valid identification such as a driver’s license or passport.
- Marriage Certificate: You’ll need your original marriage certificate. If it’s lost, you can obtain a copy from the province or territory where you were married.
- Financial Documents: Gather documents such as tax returns, pay stubs, bank statements, investments, retirement accounts, and any other financial assets and liabilities. These are crucial for determining matters related to property division, child support, and spousal support.
Consider Legal Representation: Deciding whether to hire a lawyer or represent yourself is a significant decision:
- Benefits of Hiring a Lawyer:
- Expert Guidance: A lawyer can navigate the complexities of divorce law and provide advice tailored to your specific situation.
- Negotiation Skills: Lawyers are skilled in negotiation, which can be vital in reaching a fair settlement agreement.
- Stress Reduction: Having a professional handle the legal proceedings can reduce stress and allow you to focus on coping with the emotional aspects of divorce.
- Self-Representation:
- Cost Savings: If your divorce is uncontested and straightforward, representing yourself can save on legal fees.
- Direct Control: You have direct control over all aspects of your case, including filing documents and representing yourself in court.
Filing the Divorce Application
Once you are prepared with all the necessary documents and have decided on your legal representation, the next step in the divorce process in Ontario is filing the divorce application. Here’s how to proceed:
Complete the Application: To initiate the divorce process, you must complete the appropriate forms. The primary form used in Ontario is:
- Form 8A: Application (Divorce): This form can be used whether you are filing for a simple divorce (an application for divorce only) or a joint divorce (both spouses are filing together and agree on all issues). You will need to provide details such as the grounds for divorce, information about any children of the marriage, and the type of orders you are seeking (e.g., child support, spousal support, division of property).
Ensure that all information is accurate and thoroughly filled out to avoid delays in the process. If you’re uncertain about how to fill out the forms, consider consulting with a legal professional.
Submit the Application: Once the application is completed, follow these steps to submit it:
- File at Local Courthouse: Take the completed forms to the family court in the jurisdiction where you or your spouse has lived for at least the last year. Ontario’s family law courts are equipped to guide you through the initial filing steps.
- Pay Fees: There is a fee to file a divorce application. As of the latest updates, the fee for filing a divorce application in Ontario is approximately $632, but this can vary, so it’s important to verify the current fee structure at your local courthouse or on the Ontario Court Services website.
- Receive a File Number: Once your application is filed and the fees are paid, the court will assign a file number to your case. This number is important and will be used on all future documents and correspondence with the court.
Serving the Divorce Papers
Service of Documents: To serve the divorce documents, you must follow one of the accepted methods of service to ensure the process is legally binding:
- Personal Service: This is the most straightforward method where the divorce papers are handed directly to your spouse. This can be done by anyone who is 18 years or older and is not involved in the case (i.e., not you). Personal service ensures that there is no dispute about whether your spouse received the documents.
- Service by Mail: In some cases, you can serve the documents by mail. After mailing the documents, you must wait for your spouse to acknowledge receipt by signing a form that states they have received all the necessary documents. This form must then be filed with the court.
Proof of Service: After serving the documents, you must provide the court with proof that your spouse has been served. This is done by submitting a:
- Affidavit of Service: The person who served the documents must fill out an Affidavit of Service (Form 6B), which details how, when, and where the documents were served. This form is then filed with the court as evidence that your spouse has been properly notified about the divorce proceedings.
Responding to the Application
Contest or Agree: The spouse who has been served with divorce papers has the option to either contest the divorce or agree with the terms as laid out in the application. The response must be filed within 30 days of being served if you are residing in Canada, 60 days if residing in the United States, or 90 days if residing elsewhere.
- Agree with the Application: If you agree with everything stated in the application, you do not need to do anything if it’s an uncontested divorce. However, if you wish to file a formal agreement or acknowledgment, you may do so by filing a Form 15A: Answer and Consent to Divorce, agreeing to the divorce and its terms as presented.
- Contest the Application: If you disagree with any part of the divorce application, such as terms related to child custody, support payments, or division of property, you must file a response.
- File a Response (Form 10: Answer): To contest the application, you need to complete Form 10: Answer. This form allows you to agree or disagree with the claims made in the application and to make additional claims of your own.
- Detail Specific Disagreements: Clearly specify which parts of the divorce application you are contesting and provide your reasons. If you are making additional claims, ensure they are detailed in your response.
Filing the Response: Once completed, file your response at the same courthouse where the original divorce application was filed. Ensure that you also serve a copy of your response to the other spouse, following the same rules of service that applied to serving the original application.
Negotiating and Settling
Settlement Agreements: Reaching a settlement agreement can significantly expedite the divorce process and reduce the emotional and financial strain on both parties. Here’s how to approach drafting and negotiating these terms:
- Drafting the Agreement: Start by drafting a settlement agreement that addresses all relevant issues, such as property division, spousal support, child custody, and child support. Each party should clearly outline their expectations and terms.
- Negotiating Terms: Negotiations can be conducted directly between the spouses or through their attorneys. It’s essential to approach these negotiations with openness to compromise and a clear understanding of your rights and obligations under Ontario law.
- Consider Mediation: If direct negotiation is challenging, mediation can be a valuable option. Mediation involves a neutral third party who helps both spouses discuss and resolve their disputes amicably. Ontario offers various mediation services, including some that might be available at reduced rates or free of charge through family courts.
Mediation Options: Mediation is particularly beneficial as it promotes a cooperative approach and can lead to more satisfying outcomes for both parties:
- Choosing a Mediator: Select a mediator experienced in family law. Their role is to facilitate discussions and help both parties reach a mutual agreement.
- Mediation Sessions: During mediation sessions, both parties will have the opportunity to express their views and concerns. The mediator will guide the conversation to help identify mutually acceptable solutions.
- Finalizing the Agreement: Once an agreement is reached through mediation, it should be put in writing. Both parties should review the agreement with their lawyers before signing to ensure that it accurately reflects their understanding and agreement.
Court Proceedings
Prepare for Court: Proper preparation is crucial for effectively presenting your case during court proceedings. Here’s how to prepare:
- Required Documents: Ensure you have all necessary documents organized and ready. This includes your financial statements, the divorce application and response, any settlement agreements proposed or signed, and communications regarding custody or support if applicable. Your lawyer will help you compile the required legal documents and evidence to support your case.
- What to Expect During Hearings: Divorce hearings in Ontario are held in family courts before a judge. During the hearing, both parties will have the opportunity to present their arguments and evidence. This might include testimony from both spouses and possibly witnesses. The judge may ask questions to clarify the issues and ensure all relevant facts are considered.
Obtain Divorce Order: After the court hearings, if the judge decides to grant the divorce, here’s the process to obtain the official divorce order:
- Judgment Issued by the Court: The judge will issue a judgment based on the evidence and arguments presented. This judgment will include decisions on all contested issues such as custody, support, and property division.
- Divorce Order: If the judge grants the divorce, a Divorce Order is issued. This document legally ends the marriage. However, the divorce order becomes effective 31 days after the judge signs it, allowing time for any appeals.
- Certificate of Divorce: After the Divorce Order is effective, either party can apply to the court for a Certificate of Divorce. This is the final document that proves the marriage has legally ended and is necessary if either party wishes to remarry.
Finalizing the Divorce
Receive and Review Divorce Order:
- Receive the Order: After the judge makes a decision, the court will issue a Divorce Order. You should receive this document through your lawyer or directly from the court, depending on how your case was managed.
- Review the Order: Carefully review the Divorce Order to ensure all the terms are correct and as expected. This includes details on property division, custody arrangements, spousal support, and any other matters addressed by the court.
Update Legal Documents: Finalizing your divorce also involves updating various personal and legal documents to reflect your new marital status:
- Personal Records: Update your marital status on personal identification documents such as your driver’s license, social security registry (if applicable), and passport. Contact the relevant government agencies to find out the necessary steps and documentation required.
- Financial Accounts: Inform banks and other financial institutions of your divorce. This may involve changing account names, updating beneficiaries on life insurance policies, pensions, and wills, and starting new accounts if needed.
- Property Titles: If real estate property was involved in the divorce settlement, ensure that titles are correctly transferred and updated in public records.
- Name Change: If you are reverting to your maiden name or changing your name, notify all relevant parties, and update your documents accordingly. This includes employer records, utility accounts, credit card companies, and more.
