In the modern world we live in, the divorce process is becoming a more and more natural phenomenon compared to the past. People begin to realize that the “forever together” expectations about marriage and real-life situations are very difficult to match.
Even if weddings are one of the most joyful moments in our lives, it is normal for people to find themselves in a marriage that no longer works for them. The healthy and adult thing to do in this situation is to get a divorce and try to make the process as less painful as possible for everyone involved.
Canada’s divorce rate has also been on the rise in the 21st century. Last year there were approximately 2.74 million people in Canada who had gotten a legal divorce but had not remarried. Since 2000, when there were around 1.88 million divorces in Canada, this number has been continuously increasing. It is widely accepted that around 40% of marriages in the country end in divorce. People get married for different reasons. Many marry too young and want to experience a different kind of life. Others are dissatisfied with their spouse. Some people just feel a general incompatibility or just want to remarry. Whatever the reason may be, divorce is a legitimate way to end a meaningful relationship.
In this article, we’ll tell you all you need to know about divorce in Ontario and what you need to be prepared for in the process.
Financial Implications: Amicable Divorce Is By Far The Cheapest Option
An amicable, or uncontested divorce, is an application for divorce based on a draft agreement that can reduce some of the delays and legal fees involved in divorce proceedings. First, the spouses agree on the reasons and terms (for example, child support payments), and afterward, the relevant paperwork is completed. The agreement is then certified by a judge, which settles all elements and implications of the divorce, obviating the need to go to court.
The more amicable the divorce, the less expensive it is. According to statistics, the average divorce lawyer's costs for this divorce form are somewhere around $1,845. On a province level, speaking about Ontario, the average divorce in Ontario cost is a bit under the national average with $1,250. However, bear in mind that divorce costs are steadily and slightly increasing every year.
Legal Implications
If you can establish that you and your partner have been separated for at least one year, Ontario law will approve your divorce petition. "Separated" does not always imply that you and your partner have had to live in different homes for one year, especially if you have children. Instead, "intentional uncoupling" and living "uncoupled" in the same house will be considered valid separations.
To get a divorce in Canada, you don't have to prove your spouse is at fault, according to the Canadian Divorce Act. However, if you are claiming adultery or cruelty, you may need to submit proof to the court. While separation is a mutual decision to live separately, a divorce is not legally binding unless the court approves it. This implies that your marriage isn't officially terminated unless you get a divorce from a court. The divorcing process can be halted at any point.
An uncontested divorce is a very simple process that can reduce the amount of time spent negotiating and in court. The Divorce Act stipulates that an individual's claim to property or child custody is unrelated to the grounds for divorce. As a result, if you want to proceed with a settlement, you need to hire a divorce lawyer.
How To File For Divorce
Once you have filled out a form (online or in-person at the Ontario Superior Court) and paid the legal fees, the court will consider your request. Before the divorce process may commence, your spouse will have 30 days to react to the served divorce documents, if appropriate. The court will issue a Divorce Order and provide a copy to you and your spouse once it has been reviewed and completed.
If the divorce is contested, extra stages may be necessary while representatives from both parties try to reach an agreement on spousal maintenance or child support. Even a simple, uncontested divorce can take months to complete. After a one-year term of separation, a Divorce Order becomes official on the 31st day after it is granted by the court.
Final Thoughts On Divorces In Ontario
Getting an experienced lawyer for your divorce is always the right thing to do. Although many couples split amicably, it's advisable to see a divorce attorney for help with the legal sides of the process. During typical divorce processes, it is not advisable to represent oneself. Hiring a divorce lawyer also makes the process quicker and less stressful and helps to avoid unnecessary mistakes.
