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What You Should Know About Divorce In Ontario Transcript

Hi, my name is Lisa Gelman. I am the owner of Gelman & Associates, and today I will be talking to you about obtaining a divorce.

All a divorce is is a change of status. You go from being a married person to a single person. And a divorce enables you, if you so choose, to get married again. A divorce does not deal with custody, child support, spousal support, division of property, restraining orders, and all the other corollary issues that you can deal with.

In order to obtain a divorce in Ontario, either you or your spouse have to have been living in Ontario for, at least, one year prior to filing your application for divorce. In order to become eligible for a divorce, one of the three things must have happened.

Number one, you and your spouse need to have been living separate and apart for, at least, one year. The second way you’re eligible to apply for divorce is if your spouse has had an adulterous affair. The third way is if there has been cruel or unusual punishment that you have suffered.

You are entitled to file for a divorce any time after you separate. However, if the grounds that you are applying for divorce are based on the year of separation, you won’t be able to get the divorce until you have been separated for, at least, a year. However, if you are relying on either an adulterous affair or physical or mental cruelty, you can apply and are entitled to immediately obtain a divorce.

Once you file for a divorce, generally speaking, the entire process to obtain the actual divorce certificate, which will enable you to re-marry, takes, give or take, about three months. When you want to get a divorce, you have got to file an application for divorce. And what you have to do is file it with the court. And then have it served on your spouse or ex-spouse, within six months. After it’s filed, you then have to wait 30 days.

Once 30 days passes, then more documents are filed with the court. It’s an affidavit and some other documents basically attesting to the fact that you have been separated for a year, or the grounds that you are relying on.

Then, eventually, the court will process it, and if everything is in order, a judge will grant a divorce order. Thirty-one days after receiving that order, as long as there has been no appeal filed, you can obtain a divorce certificate. And the divorce certificate enables you to re-marry.

Alternative to filing an application for divorce, you and your ex-spouse can decide to jointly file a divorce. The advantage of that is if you’re friendly, one party does not have to serve the other party and it can cut down costs. The negative side to that is though, the second procedure, after 30 days expires, is that both spouses have to file an affidavit with the court attesting to the grounds for separation.

If you’d like some more information on a divorce, please take a look at our website and in particular, the section on divorce.