Introduction to Divorce in Ontario
In Ontario, divorce is governed by the federal Divorce Act (Canada) and the Family Law Act (Ontario). While the legal grounds for divorce are the same, the process can vary depending on how cooperative the spouses are. The two most common procedures are the Ontario Simple Divorce (also known as an Uncontested Divorce) and the Ontario Joint Divorce. Both methods provide efficient pathways for dissolving a marriage when all related matters—such as child custody, support, and property division—are already resolved.
Legal Grounds for Divorce in Ontario
Under the Divorce Act, the only legal ground for divorce in Canada is marriage breakdown, which can be proven through one of three circumstances:
1. The spouses have lived separate and apart for at least one year.
2. One spouse committed adultery.
3. One spouse subjected the other to cruelty, making cohabitation intolerable.
In practice, most divorces in Ontario—whether Simple or Joint—are granted on the basis of one year of separation.
Ontario Simple Divorce (Uncontested Divorce)
An Ontario Simple Divorce is initiated by one spouse (the Applicant) when the other spouse (the Respondent) does not oppose or dispute the divorce. This process is ideal for couples with no unresolved issues regarding children, property, or support.
Step-by-Step Process:
1. **Application:** The Applicant files Form 8A (Application for Divorce) with the Ontario Superior Court of Justice.
2. **Service:** The Application is served on the Respondent.
3. **Response:** If the Respondent does not reply within 30–60 days (depending on their location), or provides written consent, the case proceeds as uncontested.
4. **Affidavit for Divorce:** The Applicant files Form 36 (Affidavit for Divorce), confirming all requirements are met.
5. **Court Review:** A judge reviews the application and issues a Divorce Order.
6. **Finalization:** The divorce becomes final 31 days after the Order unless appealed.
Ontario Joint Divorce
An Ontario Joint Divorce is a cooperative approach where both spouses file for divorce together. This process is usually faster, more affordable, and less adversarial than a Simple Divorce, as both parties work collaboratively from the start.
Process Overview:
1. **Joint Application:** Both spouses file Form 8A – Joint Application.
2. **Joint Affidavit:** They complete Form 36 – Joint Affidavit for Divorce, confirming all conditions are met.
3. **Court Review:** A judge reviews the documents and, if satisfied, issues a Divorce Order.
4. **Finalization:** The Divorce Order becomes final after 31 days.
Key Differences Between Simple and Joint Divorce
– **Applicant:** One spouse (Simple Divorce) vs. Both spouses (Joint Divorce)
– **Cooperation Required:** Minimal (Simple) vs. Full (Joint)
– **Timeline:** Simple Divorce may take slightly longer due to service requirements.
– **Costs:** Joint Divorce can save on court fees and legal expenses.
– **Complexity:** Both are straightforward if corollary issues are resolved.
Important Legal Considerations
Before filing for divorce, couples should have a signed Separation Agreement outlining arrangements for children, property, and finances. The court must be satisfied that reasonable provisions have been made for the children under section 11(1)(b) of the Divorce Act.
Additionally, a Clearance Certificate from the Central Registry of Divorce Proceedings ensures that no other divorce applications are pending in Canada.
Need Legal Help?
Choosing between a Simple Divorce and a Joint Divorce depends on your circumstances and communication with your spouse. Our legal team at ABALAW can assist you with document preparation, filing, and ensuring compliance with both the Divorce Act and Family Law Act.
Explore our related services:
- Toronto Simple & Joint Divorce Lawyer
- Toronto Legal Consultations & Family Law Advice
- Separation, Marriage & Cohabitation Agreements
For official information, visit the Government of Canada’s Divorce webpage: https://www.justice.gc.ca/eng/fl-df/divorce/index.html
