In Ontario, the Divorce Act and the Family Law Act play important roles throughout the process of family law and divorce proceedings. The Civil Marriage Act also affects marriage legality. The Divorce Act offers guidelines on marital breakdown, custody, and support issues.

Applicants must meet certain criteria. One of the spouses must reside in Ontario and be legally married. 

Divorce involves several steps. It begins with filing a Form 8A Application or Form 8: Application at court. Having legal representation and hiring an experienced divorce lawyer is always the most beneficial route, considering the complexity of the laws and procedures involved.

Starting the Divorce Process

Filing a Divorce Application

To start a divorce in Ontario, an individual must file a Divorce Application. If you are filing for a simple or uncontested divorce, this is done by submitting a completed Form 8A. After filling out the form, it is submitted to the Court in the region where you reside. If you have a lawyer, they will handle the filing process. 

The Court will then review the application to ensure all sections are complete. It is essential that the details on the application and all forms throughout the process are accurate and complete. Incorrect or incomplete applications can lead to longer processing times.

The Court will then stamp (or issue) the Divorce Application, which then needs to be served on the other spouse. 

Requirements and Documents

Several documents are necessary for the Divorce Application process, including a copy of your Marriage Certificate. If you don’t have access to your original certificate or it is lost, you can obtain a copy from ServiceOntario if the marriage occurred in Ontario.

Other documents that may be needed (depending on the issues in your divorce), including financial information or parenting plan details if children are involved. Applicants should verify any additional requirements specific to their unique circumstances.

The application process requires that both parties meet specific legal criteria (ie. a year of separation). 

Addressing Financial and Parental Aspects

In a divorce, factors like child support, spousal support, and division of property are critical. Understanding these can ensure a fair process for all parties involved.

Determining Child Support

Child support in Ontario is calculated using federal guidelines. These guidelines consider the income of the paying parent, the number of children, and the custody arrangement. 

In shared custody situations, both parents’ incomes are used to determine payments. A Separation Agreement can outline these details, ensuring that children’s needs are met consistently. Factors such as school expenses, medical costs, and extracurricular activities are considered.

Determining Spousal Support

Spousal support aims to address economic disparities after a marriage ends. Factors such as the length of the marriage, each spouse’s income, and roles during the marriage are taken into account.

The support can be temporary or ongoing, based on individual needs.

Courts in Ontario will follow the Family Law Act to guide their decisions. In some cases, a Separation Agreement can predetermine support terms, but it may be subject to court approval.

Division of Property

The division of property in Ontario follows the Equalization of Net Family Property principle. This means that each spouse is entitled to half of the value of items acquired during the marriage. Property includes homes, cars, and savings.

Certain exclusions might apply, such as gifts or inheritances given during the marriage. If disagreements arise, the matter may go to court. Consulting with a lawyer or the Family Law Information Centre is recommended to ensure a clear understanding of one’s rights and responsibilities.

Due to the complex nature of these specific issues, it’s always highly recommended to hire an experienced divorce lawyer who can achieve the best outcome for your case.

Parenting and Decision Making

Where a child lives and who makes decisions for that child is a necessary part of a divorce process involving children. The court will not grant a divorce if the children are in limbo. 

To start a claim for child custody, parents must complete specific family court forms like Form 8 and Form 35.1. These documents outline their position and support the custody claim. Engaging a child custody lawyer can help navigate complex cases, especially if disputes arise during the process.

Finalizing the Divorce

Finalizing a divorce in Ontario involves obtaining a Divorce Order and a copy of a Divorce Certificate. These final steps legally end the process of your divorce and also allow each person to legally remarry in the future.

Obtaining the Divorce Order

A Divorce Order is required to officially end a marriage. Both parties must provide all necessary documents to be reviewed by a judge. 

 The Divorce Order is finalized 31 days after being granted, during which time either party can contest the decision. 

Divorce Certificate

After the Divorce Order is finalized, a Divorce Certificate can be granted. This certificate serves as official proof that the marriage has legally ended. To request a Divorce Certificate, contact the court where the divorce was granted. 

Your Divorce Certificate is needed for different legal and personal matters like changing your name, transferring property or remarrying.