divorce

We offer full services for your divorce including the preparation, service, and filing of all court documents.

do I need a divorce?

The only legal reason you need a divorce is to remarry.  

A divorce will also impact the assumptions related to your assets if you die without a will (governed by the Succession Law Reform Act), and will likely have the effect of terminating your ability to provide or receive benefits through an employer to your former spouse.  

The majority of divorce cases proceed uncontested. Other cases include divorce as part of their proceeding in court.  

what is an uncontested divorce?

If you are seeking only a divorce, and not looking to settle any other issues related to parenting, support, or property, your best way to proceed is an uncontested divorce.

what are the grounds for divorce?

There are three grounds for a divorce - adultery, cruelty, and living separate and apart for one year.  In most cases, you will proceed on the basis of living one year apart.  

when can i proceed with the divorce?

Your divorce cannot be finalized until the one year apart has been reached if that is the ground. Otherwise you can proceed any time after separation.  

what is the process for getting an uncontested divorce?

An Application is started and served on the other spouse who is the Respondent.  If the other person does not respond within the 30 days given to respond to the Application, the divorce can proceed uncontested. You must file an Affidavit for Divorce and prepare other documents and provide them to the court to “set down” the divorce and proceed to get an Order.

If you are retained us, we take care of these steps for you including the preparation, serving, and filing of the necessary documents at court.  

what do you have to do?

You need to provide our office with the retainer of $1,695.00, which is $1,500.00 + HST.  

You also provide our office with the original marriage certificate.  If the certificate is not in English, you need to provide the original along with a certified translation.  If you do not have the original marriage certificate but married in Ontario, you can obtain a new one online.  While this seems onerous, it is necessary.  If you were not married in Ontario and do not have your certificate, we can help you prepare an Affidavit to explain your situation to the court.  Your original certificate is not returned to you unless specifically requested.  

You will have to sign the Application and Affidavit for Divorce when requested.  These appointments are brief and can be done at your convenience.  They can be done in person or online. When it is time to sign the divorce Affidavit it needs to be witnessed so either an in person meeting or a live video meeting application will be needed.

more information

Steps to Justice provides a helpful website that talks about Divorce and provides some direction on how to proceed.