How Can You File For Divorce Online In Canada?

June 14, 2021

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So, you’ve made the most significant and most painful decision in your life to get a divorce, right? Now, you want to know the entire process of filing an online divorce in Ontario, Canada. Before we move ahead with the step-by-step procedure, we suggest you rethink your decision and consider reconciliation, and in the worst-case scenario, follow the below divorce process in Ontario.

Step 1: Decide on the type of divorce you wish to file. There are two broad categories of divorce: no-fault divorce and the other being fault divorce. The no-fault divorce illustrates getting divorced is a mutual decision, and no one holds guilt. The second one is the fault divorce that suggests only one partner is responsible for the marriage breakdown. The former procedure is much easier, consumes less time, and is comparatively less costly. Thus, why no-fault divorces are not so common throughout Canada. So, you’ve to weigh your options carefully, consult your lawyer and then move ahead with filing for divorce in Ontario.

Step 2: You can file for divorce in Ontario without having to go to court. You can apply to Ontario.ca

  • You can apply for a joint or straightforward divorce.
  • Start your online divorcing in Ontario application by answering questions related to child support, spousal support, or division of property.
  • You can respond or make a motion.
  • You can register your separation agreement.
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Before you begin filing your divorce application, make sure you have thoroughly given a thought to reconciliation and next have the necessary documents to submit online. 

Step 3: Complete your divorce application at the above site, and it will automatically be fled to the family court. After your submission, the court staff will notify you within five days of the status of your application. Whether it has been accepted or rejected, and what is the reason for rejection.

What is the Cost of Filling Online Divorce?

The cost of submitting your online divorce application is the same as filling it in person at a courthouse.

For the Ontario Court of Justice, there is zero filling fee.

For the Superior Court of Justice, there are filing fees based on your claim & document.

You can pay for the online fees via multiple payment methods, including Interac, Mastercard, Visa debit cards. 

If you cannot afford to pay the fees, you can make an online request to the court to waive your fee. 

What Happens After Filing Online Divorce?

You are going to receive a confirmation immediately that your application has been applied to the local court. It is highly advised to either take a screenshot or print the copy for your records.

If you’ve applied during business hours, you’ll get the confirmation through email on the very same day. On the other hand, you’ll positively get the email the next day. What the email contains:-

  • Your application with the court seal to inform you that the court issued your application.
  • You’ll get the court file number and the date of issue. 
  • You’ll know the court location when your application has been submitted.
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If the court has granted you divorce, you’ll receive a further email where you’ll get the detailed orders.

What About Privacy?

First things first, the family court forms are always in the public domain. Anyone can view the information, whether you submit your divorce application online or in person at the court. You must be careful when you enter information online, as people can see it or capture it. So, it is essential to be careful. You should maintain copies of every document you submit for your records. Once you upload the online documents, you won’t be able to view them. 

Filling Your Documents

You’ve to upload your documents quickly, so be prepared. Otherwise, if you are inactive for 15 minutes, your session will expire, and all the information saved will be lost. Ensure that you adhere to guidelines that suggest how you need to upload them., you’ll get all the details from the website mentioned earlier. If you face difficulty, submit your online application, you can always do it in person at a court. 

Finally, divorce is complicated & lengthy, especially when there are many assets involved. When you have a kid, you need an experienced lawyer by your side to assist you with every aspect of filing the divorce. They’ll file divorce on your behalf, make you aware of the spousal support, and help you gain child custody. If you have hired a qualified individual, you’ll have a lot of gains. You can always seek the recommendation of someone you know who has been recently divorced.

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