Uncontested Divorce Ontario
In Ontario, an uncontested divorce is when both parties agree on all aspects of their separation, including child support, spousal support, dividing property, parenting time, and decision-making responsibilities. This kind of divorce can be simpler and faster because court appearances are usually not needed.
Requirements for Uncontested Divorce
For an uncontested divorce in Ontario, certain conditions must be met. Below is a list of essential requirements and information about the process.
- Separated: You may commence the divorce process before 1 year of separation, or if you are pursuing one of the other grounds of divorce by agreement. However, if you are relying upon the “separation for 1 year or more” grounds for divorce, you may not finalize the divorce until after the 1 year mark.
- Residency Requirement: One of you must have lived in Ontario for at least 12 months before starting the divorce process and continue to live there throughout. You don’t need to be a Canadian Citizen or Permanent Resident to get an uncontested divorce in Ontario.
- Parenting and Decision Making: If you have children, you must prove to the court how the children are cared for and who makes decisions for them.
- Child Support: Child support must be arranged according to Federal Child Support Guidelines. You must sign an affidavit detailing the arrangement, but a formal written agreement or court order is not necessary.
- Spousal Support: If spousal support is an issue, you must demonstrate to the court how this issue has been resolved.
- Timeline: The process usually takes 6 months to complete. If planning to remarry, you must wait 31 days after the divorce is granted.
Types of Applications
Sole Application: In a sole application, one spouse applies for the divorce. This method is used when the other spouse may not be readily available to sign the agreement but is still in accord with the divorce terms.
Joint Application: A joint application is when both spouses apply for the divorce together.
Forms and Documents
To process an uncontested divorce, you’ll need the following:
- Original Marriage Certificate
- Form 8A: Application for Divorce
- Form 36: Affidavit for Divorce
- Affidavit of Service
- Draft Final Order: This is the final court order that grants the divorce, and, if you request it, the terms you have agreed upon regarding parenting, support, and property.
Pros and Cons of Uncontested Divorce
Benefits of an Uncontested Divorce in Ontario
An uncontested divorce allows you to move on quickly and with less stress. Since there are no arguments to resolve in court, you save on legal fees and court costs. Additionally, avoiding court means that fewer personal details are made public, preserving your privacy. If you have children, this method can keep things more peaceful and focus on parenting time, child custody, and child support without significant arguments. This approach gives both parties the chance to start fresh with minimal conflict.
Drawbacks of an Uncontested Divorce in Ontario
Choosing an uncontested divorce might mean giving up certain protections or support. Trying to avoid conflicts might lead you to overlook essential legal issues. If one or both of you are unclear about the legal requirements, the process can become tricky. In cases where disagreements arise later, having had an initial uncontested divorce may make a difficult path for the future. This method might not provide the necessary structure to handle claims fairly.
Key Differences Between Uncontested and Contested Divorce
- Agreement: In an uncontested divorce, both parties agree on divorce terms; in a contested divorce, they do not.
- Time and Cost: Uncontested divorces are usually quicker and cost less.
- Court Involvement: Contested divorces often require multiple court appearances. In an uncontested divorce you will likely never have to go to court, the entire process is done through paperwork.
Legal Support and Guidance
Experienced representation can greatly aid in navigating the paperwork and ensuring that everything is properly filed. Alves Law is also committed to making sure your rights are protected and you have strong legal support in your corner during your divorce. If you are unsure about the process or the first steps in your divorce, contact us for an initial consultation and let us help you outline your legal options.
Frequently Asked Questions
What is the Average Cost of an Uncontested Divorce in Canada?
The cost of an uncontested divorce can vary depending on the province and whether you hire a lawyer. On average, you could expect to pay between $1,500.00 and $2,500.00. If you handle the paperwork yourself, the cost may be lower, but legal advice is often recommended.
Whether you handle to divorce on your own, or with the assistance of legal counsel, you will still have to pay court filing fees. The current fees can be found here: https://www.ontario.ca/laws/regulation/950417
How Long Does an Uncontested Divorce Take in Ontario?
The duration for an uncontested divorce in Ontario usually ranges from on average 6 months from start to finish, including the 31 day appeal period following the granting of the divorce. This includes the time needed for filing the paperwork and waiting for the court's approval. The timeline can vary based on the court's caseload.
Can an Uncontested Divorce Turn Contested?
An uncontested divorce can become contested if the responding spouse disagrees with any part of the Application. For example, if you are seeking a divorce but the respondent raises other issues, then the other issues may be dealt with in a contested fashion and your application transitions into a contested divorce.
To avoid this, it helps to have a Separation Agreement in place before you file. This ensures all matters, such as financial support and parenting arrangements, are settled. Without this agreement, there is a risk that your ex-spouse could contest the divorce.
