At Divorce is Simple we can file your divorce with the courts in Ontario. An uncontested divorce does not need to go through the court system. An uncontested divorce is a divorce procedure where both parties have agreed upon related issues like, parenting time, child support, division of assets, spousal support and decision making prior to filling for their divorce. In order to file in Ontario, you and your spouse have to be living separately for one year. If you and your spouse are still living in the matrimonial home for economic reasons but living separate lives this is considered acceptable by the Ontario courts. Either both of you or one of you needs to be resident in Ontario.
Uncontested Sole Divorce
Once the papers are filed with the court, the non-filing spouse is served with the divorce papers That spouse then has 30 days to contest or challenge the divorce, or make a claim for such things as support, property, custody, etc. If the non-filing spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the court.
Uncontested Joint Divorce
The second way to proceed is to file a joint divorce. In this type of filing, both husband and wife sign and swear that they have dealt with all issues. Neither spouse is suing the other for divorce – you are telling the court that you both want the divorce.
Separation Agreement
A separation agreement is not required to file for a divorce in Ontario. At Divorce is Simple we recommend that you have a separation agreement in place and file it with the courts. However, many couples filing an uncontested divorce in Ontario decide to file a separation agreement in court with their Ontario divorce. Filing a separation agreement with an Ontario divorce application allows individuals some peace of mind in knowing that it is an enforceable document in court.
How Long Does It Take?
The length of time it takes to get an uncontested divorce in Ontario typically ranges from two to four months. This timeframe is based on the fact that both spouses are in agreement with all terms of the divorce, including property division, child custody and support, and alimony.
How Soon Can You Remarry In Ontario
In most cases, this is 31 days after the Divorce Order is granted. (In special circumstances, the date of the divorce may be earlier.) This document can be ordered by your lawyer, or in the case of self-represented parties, it may be obtained from the court directly.
Are you looking to get an Uncontested Divorce? Call us Today at Divorce is Simple – Family Law Mediators - 905-215-1782.
Call us today at Divorce is Simple for a simple way to end your marriage using our Family Law Mediation Services here in Ontario, Canada.
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