How To Get An Uncontested Divorce in Ontario?
Divorce is never easy, but if you and your spouse want an amicable separation, uncontested divorce is the way to go. It is a straightforward process that takes 5-7 months after 1 year of mandatory separation. Uncontested divorce is settled outside of court and records remain sealed. Let’s walk through the process, the benefits, and what you need to know.
What’s the eligibility for an uncontested divorce in Ontario?
An uncontested divorce can take place only if the couple agrees on division of property and debts, child custody and support, and spousal support. Here’s the eligibility criteria:
- At least one of you must have lived in Ontario for the past 12 months
- You must prove a breakdown in your marriage, typically demonstrated by living apart for at least one year
You can’t divorce on the grounds of adultery or cruelty in this situation as that usually needs court intervention.
How To File for an Uncontested Divorce in Ontario?
Since it is a straightforward process, it’s settled outside of court. Both parties must have their own legal representation.
1. Gather Your Documents
You’ll need your marriage certificate, any separation agreements or financial disclosure documents, and forms from the Ontario Superior Court of Justice website. You can get most forms online or directly from your local courthouse.
2. Complete the Forms
The main form for an uncontested divorce is Form 8A: Application for Divorce. Other than that, yoo need to complete a few more forms, including Form 36: Affidavit for Divorce (confirms your eligibility and states reasons for your divorce) and Form 25A: Divorce Order (stamped by the court once divorce is approved).
3. File the Application
Submit your application and forms to the court either online or in person at your local courthouse along with a filing fee. It’ll cost you around $447 + taxes for filing in Ontario. You may be able to apply for a fee waiver if you’re unable to afford it.
4. Serve Your Spouse
After filing the forms, you must serve your spouse with the divorce papers. In simple words, you have to deliver the documents so your spouse is aware of the proceedings. Someone other than you must deliver them.
5. Wait for the Divorce Order
Once your spouse receives the documents, you’ll need to wait for the court to process everything. In an uncontested divorce, there’s usually no need for court appearances. The judge will review your paperwork and issue a divorce order if everything is in order.
You will officially be divorced after the judge signs the final divorce order.
Why Do I Need a Family Lawyer for Uncontested Divorce?
You don’t need a lawyer to file for an uncontested divorce in Ontario. Many people handle the paperwork themselves. However, if you share assets or debt and have kids, it’s best to hire a family lawyer.
They help you with negotiations, protect your rights, and make sure that documents are submitted correctly, so there’s no unnecessary delay in the process.
Ready to move on with your life? Start the process today with Noori Law.
