How can I get a Divorce in Ontario?

April 9, 2021

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Dealing with a divorce can be a dreadful task to experience, and they are an inevitable shock to our minds and body. The experience of heartbreak can create a mess of conflicting emotions, especially when you have the task of sorting through feelings all on your own. 

In such cases, it is best to take the advice of an experienced lawyer who would assist you and guide you during the divorce process. 

Getting a divorce in Ontario is quite an easy process, and all you need is the assistance of a qualified lawyer. When your marriage is legal, and you want to end your relationship, you can legally divorce your partner from the court. 

However, even if you want to divorce your partner, there are many other issues that you need to overcome when you are filing for a divorce. These issues involve child custody, access to the children, financial support for the child, and property issues.

Let us go through some of the steps to be followed if you want to get a divorce in Ontario, Canada.

How to Legally end a Marriage in Ontario?

If you are unhappy with your relationship and want to part your ways, you need to apply for divorce in court, which a judge signs under the Federal Law called the Divorce Act. 

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You can only get a divorce by following all the court’s legal procedures, and you have to get a divorce certificate signed by a judge who preceded the court hearing. 

Eligibility for Divorce in Ontario, Canada

If you are seeking to divorce your partner in Ontario, then you must be able to meet the following criteria:

  • You and your partner were legally married in Ontario, Canada, or in any other country.
  • You and your legal partner lived in Ontario for at least a year prior to applying for your divorce.
  • You and your legal partner have decided to separate permanently and have no intentions of making the marriage work again. 

Grounds for a Divorce in Ontario

The divorce process in Ontario is simple and not that complicated. You can get a legal divorce in Ontario, Canada when your marriage has turned into a complete failure. A failure in marriage can only occur in the following situations:

  • You and your partner have lived separately and apart for one or more years.
  • Your partner has committed adultery.
  • Your partner has inflicted physical or mental torture. 

However, on the grounds of physical or mental torture, you will have to undergo a trial to prove that you are not guilty unless your partner against whom these accusations are made admits them. In such a case, getting a divorce is more difficult as compared to the divorce based on the one-year separation rule.

How to Begin a Divorce Process?

There are certain things to keep in mind before filing for divorce in Ontario. Before you file for a divorce against your partner, it is advisable that you seek legal help from an expert lawyer. An expert lawyer can give out the basic insights related to your case and the various ways to protect your rights. You can seek a lawyer or gather information and referrals at a Family Law Information Centre in Ontario family court. 

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You must be wondering how to file for divorce in Ontario? Well, we have the answer to your question. In order to start with the divorce process, you should keep in mind the following points.

  • Fill out a divorce application
  • Submit the application at an Ontario courthouse
  • Pay the required court fees
  • Follow any court rules and procedures given

How can a Divorce be Stopped?

Your divorce can be stopped or delayed by a court only when the court is satisfied that there has been no dishonesty or forgery while filling the divorce application. The court must be satisfied by the fact that  proper arrangements have been made for child support. If the court is not satisfied with such arrangements, you can expect a delay from the court in granting a divorce until such arrangements are made.

The Superior Court of Justice in Ontario has the authority to grant you a divorce when either of the partners has been a resident in Ontario for at least one year before the beginning of filing for a divorce in the court. 

Is Legal Representation Required During the Divorce Process? 

The answer to this question can be both yes and no. It is possible for an individual to act on their own behalf during divorce proceedings. However, a legal representative is required if the entire process needs to go smoothly without any hindrance. 

Even some lawyers who go through a divorce process prefer to choose their own lawyers rather than standing alone to fight the case. When an individual fights the case alone, it becomes complicated for an individual to act in an impartial manner when he/she is emotionally involved alone in a proceeding. So, for these reasons, it is best to have a legal representative during the entire divorce process. 

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However, in order to proceed with the divorce process, it is important to find a divorce lawyer in Ontario who is experienced and can successfully help and guide you through the divorce process and make sure that you get justice in the end. Even in an uncontested divorce, hiring an experienced divorce lawyer is always a good idea so that you can get proper guidance from your lawyer and ensure that you complete the legal proceeding properly. 

To conclude, before you file for a divorce in Ontario, it is best to take the advice of a lawyer who has years of expertise in this field and who would guide you in the entire divorce process so that your rights are protected.

Also Read: Filing Divorce in Canada