Written by: Jessica Lipton
DISCLAIMER – This article contains legal information, not legal advice. If you are looking for advice about your particular matter, please contact our office at 1-844-769-0737 to book a free consultation appointment.
An uncontested divorce is a court proceeding where the parties are mutually seeking a divorce, and have agreed on all related issues, such as division of property, spousal support, child support, decision-making responsibility and parenting time. The uncontested divorce represents a simplified divorce procedure, in that court appearances are generally not required.
THE TWO TYPES OF APPLICATIONS THAT CAN BE USED TO OBTAIN AN UNCONTESTED DIVORCE
There are two types of applications for obtaining an uncontested divorce in Ontario. In a “joint” divorce both parties apply for a divorce, because they both agree to a divorce and any other court orders together. In an uncontested “sole” divorce, one party applies for a divorce only, and the other party does not contest the divorce or raise any issues.
In order to complete an application for divorce you must complete a Form 8A: Application, Form 25A: Divorce Order, Form 36: Affidavit for Divorce and Form 6B: Affidavit of Service. In addition to filing the Application, you must also file the original marriage certificate.
GROUNDS FOR DIVORCE & WHEN YOU CAN FILE
In Ontario, you cannot file an application of divorce until you and your spouse have been separated for at least one (1) year. It takes a minimum of 31 days after an Order has been made for the divorce to take effect. However, if you are basing your divorce on the grounds of adultery or cruelty and the court is satisfied that the grounds exist, then your divorce could be granted immediately.
IS A LAWYER REQUIRED TO FILE FOR DIVORCE?
Often it is asked, do you need to hire a lawyer to get a divorce? The answer is no, but the divorce process is not simple. Retaining a family law lawyer to assist you will ensure that your rights are protected, all the necessary steps are taken, and that your divorce proceeds as quickly and smoothly as possible.