In the province of Ontario, you may obtain a divorce order by requesting a simple divorce, a joint divorce or through a contested divorce. It is easier, faster and cheaper to obtain a divorce by requesting a simple or joint divorce. In contrast to a contested divorce, you only need to complete a couple of court forms and have a separation agreement. In some cases, a separation agreement is not even needed. For instance, when you have been married for a very short period of time, you do not have children or assets to divide.
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What is a Simple Divorce?
In a simple divorce, either spouse moves unilaterally and only asks the court for a divorce order. The moving party does not request custody, access, support or a division of assets, as that would commonly be done in a contested divorce.
What is a Joint Divorce?
In a joint divorce, both spouses sign the divorce application. In this way they communicate to the court that they both want a divorce order. As in a simple divorce, the parties do not request custody, access, support or a division of assets, as that would commonly be done in a contested divorce.
Are there any requirements to ask for a simple of joint divorce?
To be able to request a divorce in Ontario, either party needs to have lived in Ontario for at least one year. Additionally, one year needs to have passed since the date of separation. However, the process may be started at any time, although the divorce order will not be issued until one year has already passed. It is recommended to start the process as soon as possible as people move, sometimes out of the country. In cases where a party cannot be found the process takes longer and it may be more expensive.
How long does it take to obtain a divorce order?
The duration of the process (Simple or Joint divorce) varies by location. For instance, in Toronto the process may take from 2 to 3 months, although during the worst part of the pandemic it took between 5 and 6 months, but in smaller cities it may take one month or even less.
I got married outside Canada, can I still get a divorce in Canada?
Yes, actually most of our clients were married outside of Canada. As long as you meet the requirements mentioned above you can obtain a divorce in Canada.
I got divorced outside Canada, can I get married in Canada?
It all depends. For your foreign divorce to be valid in Canada either party must have lived in the jurisdiction were the divorce was issued for at least one year before the divorce was requested. If that is not the case, your foreign divorce will not be valid in Canada and you will need to obtain a divorce locally to be able to get married in Canada.
If I am currently married, can I still marry in Canada without first getting a divorce?
It is against the law to get married in Canada if you are already married to someone else. In fact, it is also against the law to get married with someone you know is already married to someone else. These type of criminal ofences carry a penalty of up to 5 years in prison.
Can I process the divorce myself?
It can be confusing and frustrating to understand and properly follow the steps of a divorce process. For instance, the person requesting the divorce needs to know where he must file the application for divorce, which documents need to be completed, when they need to be filed with the court, how to serve a copy of the divorce application on his/her spouse (the person requesting the divorce is not allowed to do it directly), how to find your spouse when you do not have your spouse’s current address, how to prove that the divorce application was served on your spouse (this is a requirement) or how to correct errors made in court forms that have already been filed in the court.
How can you help me process my divorce?
In Bonilla Legal Services we explain the divorce process to you, we prepare all court documents required to obtain a divorce order and even have the documents served and filed with the court for you. All you need to do is provide us with a copy of your marriage certificate and wait for your court order. What is more, if you earned less than $31,200 last year, we can file a request so that you only pay $10 to the court for the divorce process as opposed to $632.
To obtain more information about how to obtain a divorce, send us a message!.
Barrister, Solicitor & Notary Public
Edgar Ramos, B.A. (Hons), J.D.
Edgar is a lawyer licensed in the province of Ontario, Canada who owns and operates Bonilla Legal Services.
Edgar earned his J.D. from the University of Ottawa, Faculty of Law, and graduated Summa Cum Laude from York University, where he double majored in Psychology and Criminology.
In law school and his articles Edgar focused primarily in family and immigration law and developed an excellent understanding of their practical and theoretical aspects.
Edgar is fluent in English and Spanish and is committed to completing your matter in the fastest and cheapest possible way.
Call us: 647 483-3225
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Location: 20 Jane Street, Unit G
Toronto, Ontario, M6S 3Y2