Ontario Simple Divorce Laws

Wouldn’t everyone whose marriage has broken up love to get a simple divorce?  It is easy to find advice about how to make your divorce less messy.  Some people will tell you to put aside your people-pleasing tendencies and fight for what you want in your divorce, because if you don’t, you will be left with regret and resentment.  Others will tell you that divorce is the time to learn the lessons that you failed to learn during your marriage about how you can’t always have things your way.  In the laws of Ontario, “simple divorce” is a legal term; it is a synonym for uncontested divorce.  Simple divorce has specific legal requirements, so if you qualify, you can get a simple divorce for less money than a contested divorce would cost.  Even if you do not qualify for a simple divorce, you can make your divorce less contentious, and therefore less expensive, with the help of a Mississauga family lawyer.

How Is Simple Divorce Different From Contested Divorce?

To get divorced in Ontario, at least one spouse must continuously reside in Ontario for at least one year leading up to the divorce filing, and you cannot file for divorce until you have been separated for at least one year.  You must provide a copy of your marriage certificate to the court, regardless of where the marriage certificate was issued.  If your original marriage certificate is in a language other than English, you must also provide a translation of it.

If you are seeking a simple divorce, it means that you and your ex have already reached an agreement about property division and parenting time.  You start a simple divorce the same way that you start a contested divorce, by filing the application for divorce and waiting for the court to issue you a case number.  Next, bring your divorce petition and divorce order, listing the way you want to court to divide your property, to the court.  You must sign the papers in the presence of an employee of the court.  Your ex does not have to sign anything, or even to come with you.  The court will serve your ex with the divorce petition, and if your ex does not file a response within 31 days, a judge will finalize the divorce.  The divorce becomes final 31 days after the date of the judge’s signature.

Some couples choose to work with divorce lawyers for several months before filing for divorce.  This way, they can work out their property division issues without involving the court.  This is called collaborative divorce; usually, each spouse hires a lawyer, and the lawyers negotiate until they reach an agreement.

Contact Zagazeta Garcia LLP About Simple Divorce

A family lawyer can help you decide whether an uncontested divorce is feasible for you and your spouse and can help you resolve your disagreements if contested divorce is the only option.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.

Source:

legalaid.on.ca/faq/simple-divorce/