What is the process of Divorce in Ontario?
Get the Procedure of Divorce
It’s absolutely normal to feel overwhelmed when considering a divorce. There are lots of things to deal with; you need to work with real estate agents, lawyers and perhaps insurance brokers, among others. However, this should not make you stressed on what to do. Divorce laws in Ontario are very clear, and they should be followed. Even better, some law firms have affordable divorce options that can make your divorce process less stressful. There are no hidden fees, and the instructions are easy to follow. Before starting a divorce case, the best decision you can make is to hire an experienced divorce lawyer. The lawyer will explain what the law requires in respect to your case and how your rights can be protected. If you’re contemplating divorce in Ontario, you must know some basics.
Basic of Ontario Divorce
If you want to end your marriage in Ontario, you must do it through a divorce. This means that you must incur some costs too for legal advice. The cost of divorce in Ontario is also something to keep in mind since you will require a family lawyer who may work on a contingency basis. Cost is one of the major considerations you should have before filing for a divorce. You need to be prepared for the legal process. This is because the process of divorce can be tough both emotionally and logistically, as such ensure you have what it takes to go through the process with ease. You must know some basics needed to qualify for a divorce. They include:
1. Divorce orders come from the court: All marriages in Canada are subjected to federal Divorce Act. Therefore, only the court can issue an order to end your marriage. This is only if both spouses can satisfy the court that a marriage breakdown has occurred.
2. Know the difference between divorce and separation: A separation doesn’t warrant a divorce. This is because separation means you are still married though you may not be having intentions to live together. Some of the ways you can show marriage has broken is:
- You have to prove to the court that you and your spouse were leaving apart for at least one year.
- Your spouse committed adultery, and you weren’t ready to forgive
- Your spouse has been abusing you either mentally or physically such that it makes a living together intolerable
3. To get a divorce, you should be legally married: Couples who’re not legally married are not eligible for divorce. To be legally married, some conditions must be met. They include:
- You must be at least 18 years of age to get married
- There must be a marriage ceremony performed with some legal power such as by a religious official or judge. The marriage ceremony can either be a civil or a religious marriage
- You should be married to one person. A family court law can only recognize a polygamy marriage if it was conducted in another country where polygamy is legal
- Spouse: One should not be married to his/her parent or any other person whom they have a blood relationship. Same-sex marriage is also allowed in Ontario.
4. At-fault spouse: You don’t need to prove that your spouse was at fault to get a divorce. It doesn’t matter who decided to call the marriage off. Taking a step back, you only need to show you have been living apart for one year. You can even ask for divorce together.
Starting The Divorce Application
If you want to divorce, ensure you have a family lawyer by your side. They are more knowledgeable when it comes to family issues. To start up the divorce process, you need to fill out the appropriate forms. An experienced family lawyer will help you obtain the forms and also help you fill them. Additionally, a family lawyer will help you understand Ontario divorce costs and other ethical issue related to family law. Generally speaking, divorce cases in Ontario are quite cheap. But this is only if you don’t intend to fight for decoupling with your spouse. It’s easier when you both agree on the division of property, child custody and support or spousal support. If you are not in agreement with your spouse, things may be tougher. The judge will be required to make a ruling to determine what is fair for both of you. Remember that cheap is expensive; don’t go for those who are offering cheap services. The reason being, in case of any mistake made, no one will be there for you. If you pick the cheaper option, you may end up having some actions leading you to the expensive path. The only best option is to look for a good family lawyer. You can book for a free consultation and get to know more about your lawyer.