Uncontested Divorce

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“My ex and I have been separated for over a year and have a separation agreement. How do we get divorced?”

When parties have been separated for more than a year and have an agreement resolving custody, support and property, they are usually ready to obtain their divorce. When a party seeks a divorce and there are no other claims, this is called an Uncontested Divorce.

There are two ways to file for an Uncontested Divorce:

  • by simple application
  • by joint application

A Simple Application

This is filed by one party, known as the applicant, who serves the Application (through a third party) on the other party, known as the respondent.

If the respondent, upon being served, does not file an Answer, within the time specified by the rules, then the applicant,  may proceed to obtain an Uncontested Divorce, after swearing or affirming an Affidavit of Divorce.

A Joint Application

A joint application is signed by both parties. At the same time, the parties both may swear or affirm their Affidavit of Divorce. Then, all documents may be filed together. Service is not required.

The Signing of the Divorce Order

An uncontested divorce takes place with the judge signing the order without a hearing. It may take 2-3 months to obtain a divorce order after all documents are filed.

Child Support Delay – Judge’s s. 11 Duty

Prospective applicants may wish to note that in many instances, the judge reviewing the application will delay signing the divorce order if child support is not being paid under The Child Support Guidelines.

Fees 

  • start at a flat rate of $750 plus hst and disbursements
  • fees including the initial legal counselling and consultation session

Disbursements

These include:

  • filing fee of $447.00 payable to the Minister of Finance
  • marriage certificate (I Law will order an Ontario marriage certificate if needed though it is recommended the client provide it if possible)
  • service fees (if a process server is required)
  • photocopies
  • any other ancillary expenses in obtaining your divorce.

 

 

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