If you make these arrangements, you should understand that if there is a problem with custody of the children after the divorce, you will need to file your divorce application with the family court where your children live. This is the case whether you are applying online or in person. If you and your spouse disagree on important issues, you may find it helpful to work with a divorce mediator to resolve your disputes. Mediation in Ontario allows you to meet with your spouse and a professional mediator, someone trained to help outgoing couples make arrangements on difficult issues. Working with a mediator can help you avoid a lengthy and costly legal battle. If your situation is more complex, you may want to consider seeking help from a divorce lawyer. An exception to the first rule? The residency requirement may be flexible if you and your spouse live outside of Canada in a country that does not recognize your Canadian marriage. If this is the case, Canadian divorce law does not apply to you. However, you may be able to file for divorce under the country`s civil marriage law. Now that you know what forms to fill out and where, are you ready to proceed with the divorce application process? With these procedures, couples can file for divorce with one of three different applications. The main differences between applications are based on time, cost, collaboration and agreement. Although they are similar in nature, divorce and separation are two different movements.
You can find links to each of the forms on the Ontario Court of Justice website here. Each of these forms is explained below. You must complete the form and send it to the Department of Justice. There, your application will be compared to the federal database. If you have no further applications, a certificate of authorization will be sent to the court where you filed for divorce. The court must receive this certificate before you can complete your divorce process. This is one of the fastest ways to file for divorce and usually takes 4-6 months, after which a divorce decree is issued. However, what happens next depends on what your spouse does. A simple divorce is also known as an uncontested divorce, where you and your ex agree to divorce. However, during a separation, you are still married under legal conditions. This means that you can check “married” on all official forms and you will not be able to remarry during this period. You also have access to certain family-specific benefits, including the right to inherit your spouse`s property.
Similar to a joint divorce petition, you can also complete these documents with the following: After your spouse has been served, he or she has the opportunity to contest the divorce. If you are lucky enough to agree with your spouse on all divorce matters, the process can be completed relatively quickly. If you disagree, you and your spouse will have to plead your case before a judge, and you can expect the divorce to take some time, as each issue will be decided by the court. In the case of a simple divorce, it is possible to file the divorce online and not go to court. To find out if this option is right for you, please visit the Ontario government`s online page to file for divorce. The forms that must be filed as part of a divorce proceeding in Ontario generally depend on the nature of your divorce and the orders you want the court to make. These forms are technically called “rules”. So don`t be confused if you find that they are called rules instead of forms. With a simple divorce, it`s important to let your spouse know that you`ve started the divorce process.
Since it is important to give both parties the opportunity to prepare for trial and present their case to the court, you will need to complete and file an affidavit. Once you have completed your Ontario divorce papers, you will need to bring them to your local Ontario courthouse to file them. .