Everything you need to know about filing a joint divorce in Ontario. … This is a divorce where both parties agree to the divorce and are able to work together, or through assistance with mediators or family lawyers to create a settlement that is mutually agreeable.
What is the difference between simple and joint divorce in Ontario?
A Simple divorce means that one spouse files for an uncontested divorce, whereas an uncontested Joint divorce means both spouses have filed the divorce application together and are jointly seeking to dissolve the marriage.
How much does a joint divorce cost in Ontario?
You pay court fees of $632 to file a joint divorce in Ontario and schedule time for the judge to review your application. Axess Law does all the legal paperwork for you and advises you on joint divorce steps for Ontario couples.
What is the difference between sole and joint divorce?
A sole Application is an Application filed solely by yourself and a joint Application is filed by both you and your spouse. When an Application is filed, it will be given a hearing date. This is the date that the Court will decide whether all the evidence required has been provided, and if so, grant the divorce.
What is the difference between uncontested and joint divorce?
A joint divorce is not the same as an uncontested divorce, as neither party is suing the other for a divorce. A joint divorce is essentially both spouses notifying the court that they want a divorce. An uncontested divorce is one where the spouses agree on all the issues raised by the divorce.
How long does a joint divorce take in Ontario?
In most cases, parties filing joint divorce will have their divorce granted in about 60 to 90 days, but in some courts, it can be several months. The divorce is considered final after 31 days from the date of being granted.
Can I kick my husband out of the house in Ontario?
A common-law spouse who owns their home can kick their partner out at any time, for any reason (although it’s always recommended you speak with a lawyer before doing so!). Married spouses cannot. Until a divorce is granted or a court orders otherwise, both spouses have a right to live in the matrimonial home.
How long must a couple be separated before divorce in Canada?
In order to file for divorce in Canada you must first complete a full one year separation period. The only exception to this rule is if your divorce is filed under the grounds of adultery or cruelty.
Can you divorce without separation?
2. You and your spouse must have been separated for more than 12 months and there is no possibility of getting back together. If you have been living separately under the same roof for more than 12 months, you can still apply for a divorce, but you will need to prepare and file additional documents.
Should you separate before divorce?
By taking some time apart from your spouse before you file for divorce, you can ensure that divorce is the right option for you and feel confident moving forward in the divorce process . Separation can allow both spouses to reconnect with hobbies or other aspects of life they felt were missing during their marriage.
How do I get a joint divorce in Ontario?
Complete and file the following documents with the court: Form 8A: Application (Divorce): This form must be fully completed, signed, and dated by both you and your spouse. Bring 3 copies of this completed form for filing. Form 36: Affidavit for Divorce: One completed by you and a separate one completed by your spouse.
What are the 5 grounds for divorce?
Different Theories of Divorce
- Fault Theory. Under this theory, marriage can be ended when one party to the marriage is responsible or liable for the offence under matrimonial offences done against another spouse. …
- Mutual Consent. …
- Irretrievable Breakdown. …
- Adultery. …
- Cruelty. …
- Desertion. …
- Conversion. …
What is a joint divorce?
A joint divorce is referred to as a divorce that ends amicably where both parties agree on most matters pertaining to their divorce with minimal or no conflict.
What is a mutual divorce called?
Uncontested divorces, also known as mutual consent divorces, are those that are not being disputed.
What is the cost of a contested divorce?
In a contested divorce, the issues may ultimately have to be hashed out in front of a judge. A divorce that has to go to trial can cost couples as much as $20,000 on average to complete, with at least $15,000 going to attorneys’ fees, according to some lawyers. Settling a case out of court can cost closer to $15,000.
What happens when someone contests a divorce?
To contest divorce means a couple cannot come to an agreement about things like real property, child custody, or a division of assets. When a person contests a divorce, separate attorneys are typically hired to represent both individuals in an attempt to negotiate settlement terms.