Filing for divorce is a significant legal step, and in Ontario, the process is governed by specific guidelines and procedures. In this informative blog, we'll outline the steps to file for divorce in Ontario, helping you navigate this challenging process with clarity and confidence.
Step 1: Determine Eligibility
Before proceeding, ensure you meet the eligibility criteria for divorce in Ontario. You must have been separated from your spouse for at least one year, and your marriage must be legally recognized in Canada.
Step 2: Gather Documents
To initiate the divorce process, you'll need essential documents, including your marriage certificate, a completed divorce application form (Form 8A), and any other relevant documents, such as a separation agreement or child custody arrangements.
Step 3: Prepare Divorce Application
Complete the Form 8A, which is the divorce application form. Ensure all information is accurate and up-to-date, and then sign the form in front of a commissioner for taking affidavits.
Step 4: Issue the Application
Submit the divorce application to the Ontario Court of Justice. You will need to pay a fee, which varies depending on your situation. The court will issue a court file number and a copy of the issued application.
Step 5: Serve Your Spouse
Provide your spouse with a copy of the issued application and a blank response form (Form 10) within 30 days of filing. This is often done through a process server, lawyer, or court clerk, or your spouse can acknowledge service voluntarily.
Step 6: Wait for a Response
Your spouse has 30 days to respond to the application. If they do not respond within this timeframe, you can proceed with an uncontested divorce. If they respond, the divorce may become contested, which could involve court hearings.
Step 7: Affidavit of Service
File an Affidavit of Service (Form 6B) with the court to confirm that your spouse has been served with the application.
Step 8: Apply for a Divorce Order
If the divorce is uncontested and all issues are resolved, you can apply for a divorce order. Complete the required forms, and provide any additional information the court requests.
Step 9: Attend Court
If your divorce is contested, you may need to attend court hearings to address any outstanding issues. The court will ultimately decide on the terms of the divorce.
Step 10: Receive Divorce Certificate
Once the court grants the divorce, you'll receive a divorce certificate. This document officially confirms the dissolution of your marriage.
Filing for divorce in Ontario can be complex, and it's highly recommended to seek legal guidance, especially if your divorce is contested or if you have substantial assets, children, or other complex issues to address. A family lawyer can help you navigate the process and ensure that your rights and interests are protected throughout this challenging journey.
