DIVORCE

FAQs

1. How do I get a divorce in Ontario?

2. How long does it take to get a divorce in Ontario?

3. How much does a divorce cost in Ontario?

4. Do I need a lawyer to get a divorce?

5. I have been served with an application for divorce, what do I need to do?

6. Am I considered separated even though my spouse and I still live together in our home?

How do I get a divorce in Ontario?

To legally end your marriage, you must apply to the Superior Court of Justice for a divorce by:

• *Filling out the divorce application;
• *Submitting the divorce application to the Court;
• *Paying the required court fees;
• *Serving the divorce Application and,
• *Setting the matter down for a Divorce Hearing.

Eligibility Criteria If you want an Ontario court to officially end your marriage,

you can apply for a divorce if you meet the eligibility criteria, including:

• *You were legally married in Canada or in any other country;
• *You intend to separate or have separated from your spouse, without any reasonable prospect of reconciliation; and,
• *You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.

Consult a divorce and family lawyer about your rights and obligations.

How long does it take to get a divorce in Ontario?

A divorce will not be granted unless you have been separated from your spouse for at least one year. You can start the Divorce Application process before the one year of separation is complete however for the judge to sign the divorce Order, the one year of separation must be completed.

A Simple Divorce is also known as an Uncontested Divorce, which is when you and your ex-spouse agree on the terms of the divorce. A Contested Divorce, on the other hand, is one where the spouses disagree on some or all of the issues. Some of the most common disagreements in divorce proceedings are over children decision-making responsibility, child and spousal support, and division of assets. An Uncontested Divorce could take between 4 to 6 months. Whereas Contested Divorce may take months, if not years. Consult a divorce and family lawyer about your rights and obligations.

How much does a divorce cost in Ontario?

In total, court fees are $632 to obtain a divorce in Ontario, plus legal fees.

As per market trend legal fees for a Contested Divorce in Ontario costs over $5,000 for a simple matter. Complex Contested Divorces leading to trial could cost over tens of thousands of dollars.

Generally speaking, each party will be liable to pay his or her own legal fees incurred within court proceedings. However, there are circumstances where one party can be ordered to pay the costs of the other party.

When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding.

Rules with respect to costs are designed to promote four purposes:

• *To partially reimburse successful litigants;
• *To encourage settlement;
• *To discourage and sanction inappropriate behaviour by litigants; and
• *To ensure that cases are dealt with justly.

In fixing the amount of costs, the court must consider various factors including:

• *Each party’s behaviour;
• *The time spent by each party;
• *Any written offers to settle;
• *Any legal fees; and,
• *Any expert witness fees.

Common reasons for ordering costs against a party include:

• *Failure to follow the rules of the court;
• *Failure to follow an order of the court;
• *Failure to make full and frank financial disclosure; and,
• *Acting in bad faith, or engaging in malicious conduct.

Consult a divorce and family lawyer about your rights and obligations.

I have been served with an application for divorce, what do I need to do?

If you don’t agree with claims in the application or if you want to make a claim of your own, you have up to 30 days to respond, consult a lawyer.

Am I considered separated even though my spouse and I still live together in our home?

You may be considered to be living separate and apart while continuing to live in the same home, consult a lawyer.

The relevant principles that emerge from the case-law to determine the date of separation, include:

• *Whether there has been continued sexual relations between the parties.
• *Whether the parties have continued to participate in joint social activities.
• *Whether the parties spent vacations together.
• *Whether the parties continued to share and participate in each other’s daily routines as in the past, such as eating meals together and sharing household chores.
• *Whether the parties have celebrated special occasions together, such as birthdays and anniversaries.
• *Whether the parties have purchased gifts with each other.
• *Whether the parties have supported each other with respect to extended family obligations.
• *Whether the parties described their status on documents such as Income Tax Returns as separated.
• *Whether there have been any changes in the way the parties manage their financial affairs, including whether they have taken steps to separate their financial dealings

Consult a divorce and family lawyer about your rights and obligations.