Getting a Simple Divorce in Ontario
In life, not everything will go the way we have planned, and this includes our marriages. Divorce is a reality in many countries, but in the Western hemisphere it is higher, with over 57% of marriages ending up in a divorce. The fact that you can no longer be with your partner can be difficult for some people, whereas in some cases, it could be a happy one for both parties. However, not many people fully understand the intricacies of getting a divorce and this article will guide you on the process and costs of getting a simple divorce in Toronto.
What Is A Simple Divorce?
Divorces can be complicated and costly, and in most cases take years to finalize. However not all divorces are the same and partners can decide to separate on mutual terms without any contestation. Therefore a simple divorce is simply an uncontested divorce. Simple divorces are easy and you don’t have to file physically at the court or even get attorneys to represent the parties. In Toronto, and in most of Canada, you can get a simple divorce by filing online through the official portal.
Things to Consider Before Getting A Simple Divorce
Just because the divorce process can be simple doesn’t mean you don’t have to prepare for it. You need to have a valid marriage certificate proving you were married to the person you are seeking a divorce from. If you were married in Toronto, you’ll need a marriage certificate from Ontario, and if from another province, then you need a certificate certified by that province. However, if you were married but didn’t get a marriage certificate, you can still order it online through the official portal of Service Ontario.
The next factor to consider is whether you have been separated for more than a year. Authorities take divorces seriously and you need to show that you and your partner have been living separately and haven’t been intimate for at least a year. Things may get complicated if you have both not been living in Toronto within this one year period. Therefore, you also need to prove that you were domiciled or at least living in Ontario one year prior to your divorce application.
Process of Getting a Simple Divorce
Just like an uncontested divorce, there are processes and documentation that you have to fill in and file. The first important document to fill is form 8A, which is the actual application for simple divorce. This form is only filled in by the applicant outlining the reasons for divorce. Reasons may range from separation of 12 months, adultery or cruelty. You will need to pay $212 while filing the application, but in the event you can’t afford this amount, you can apply for a fee waiver through the portal.
The next process is filing your document through the online portal or at the courthouse. If going to court, you can simply walk into to your municipality’s Superior Court of Justice, Family Court and pick a number on the queue. Once your number is called up, you must give all your documents to the clerk, which will then be copied and you retain a copy for yourself.
How to Serve Your Application To Your Ex
This is the part most people avoid, but which must be done by the applicant. The responsibility of serving your divorce application to your ex shouldn’t be too hard. Simply have an adult above the age of 18 years old take the application and a blank form 10 and hand-serve it on your ex-partner. You also have the option of hiring a professional process server to serve your spouse. In that case, the Affidavit of service is provided by the process server.
The other method to serve the divorce application is by mail. However, if you mail the application to the Respondent (your spouse), they must sign and return a Form 6: Acknowledgement of Service form. This form indicates that they have received the divorce application.
After serving the documents, the person that served the divorce application must fill and sign a form 6B, which is the Affidavit of Service. This shows that you have successfully served the respondent and they have 30 days to file their answer.
Cost of a Simple Divorce
The costs you can expect to incur during the filing is $212to file the 8A: divorce application. There may be additional costs if you choose to hire a professional process server to serve your spouse with the divorce application.Assuming that your spouse does not file an answer in court within the allocated 30 days period, you can move forward to the final stage of filing the divorce. This includes filing various documents including the affidavit for divorce, draft divorce Order, Affidavit of Service, Marriage certificate, and any previous separation agreements or court orders. you need to pay an extra $420 before the court reviews the divorce. The total cost for your divorce could be as little as $632. There are other costs involved such as cost of transport and other incidentals that you might incur in the process of serving the application to the respondent.
How Long Does A Simple Divorce Take?
The process used to be relatively quick, however after the Covid-19 Pandemic and the shift of process to an online filing system, a simple divorce usually takes about 6 months to complete. This is a general time frame as there are also other factors to consider, such as the courthouse where you are filing. Once you submit the final documents including the Affidavit of Divorce, it usually takes the court 4 to 5 months to issue the Divorce Order to you electronically. This means that you are on your way to be officially divorced! After the 31st day following the issuance of a divorce Order, you will now be legally divorced and you can apply for a certificate of divorce once you have paid the $24.
In conclusion, the process for a simple divorce is straightforward simply because there is no contestation. To make the process simpler for you, ensure you have all the proper documentation you expect the court to review. This will include financial summaries as well because in most cases, financial complaints result in contestation. Ensure you talk to your ex, before seeking the divorce to avoid contestations.
