Top Toronto Divorce Lawyer Explains, What Is An Uncontested Divorce

Top Toronto Divorce Lawyer Explains, What Is An Uncontested Divorce In Ontario

By Robert R. Berman B.C.L.; LL.B (McGill), Founder, myOntarioDivorce.com, Principal, Berman Barristers

Here are the characteristics of an Uncontested Divorce in Ontario:

1. The divorce isnt defended or disputed by the other spouse and the only thing being requested is a divorce.

2. All the issues between you and your spouse such as the division of your assets, support and custody and access of your children have been resolved, usually by means of a Separation Agreement.

In Ontario an Uncontested Divorce is something you should be able to do yourself, without an Ontario divorce lawyer and there are online services you can use, including MyOntarioDivorce, to help you with the paperwork.

Here are the 15 steps to get your Uncontested (Simple Divorce) in Ontario:

1.Complete and sign an Ontario Simple Application for Divorce. The easiest way to do this is create your Ontario uncontested divorce form online.
2.Bring the Simple Application for Divorce to your local Ontario Superior Court of Justice or Ontario Family Court to issue Simple Application and obtain a Court file number.
3.Fill out Registration of Ontario Divorce Proceedings form to request.
4.Obtain a Clearance Certificate from the Central Registry of Divorce Proceedings Office and pay court filing fee of $167.00. Serve copy of issued Simple Application on your spouse by personal service.
5.Prepare Affidavit of Service for signature by person who served your spouse.
6.Go back to your local Ontario Superior Court of Justice or Ontario Family Court to file your Simple Application and Affidavit of Service.
7.Wait 30 days for spouse to respond to Simple Application with his or her answer.
8.If no answer and provided that you have been separated for at least one full year you can now apply for an Ontario Divorce Order.
9.Complete Affidavit for Divorce and draft Divorce Order.
10.Arrange to swear Affidavit for Divorce in front of an Ontario Commissioner for taking Affidavits.
11.Bring Affidavit for Divorce and draft Divorce Order to the Superior Court of Justice or Ontario Family Court for filing and pay a court filing fee of $280.00.
12.Await receipt of Clearance Certificate from the Central Registry of Divorce Proceedings Office. Typically takes 6 to 8 weeks following request.
13.Upon receipt of Clearance Certificate you will now have to wait for an Ontario Family Court judge to review your material and grant you a divorce.
14.Await receipt of a copy of your Divorce Order (typically takes 3 to 6 weeks). Wait 31 days after the date of the Divorce Order for divorce to take effect.
15.Now all you have left to do is request Certificate of Divorce from the Court and pay court fee of $19.00.

For more information about getting an Uncontested (Simple) Divorce in Ontario, visit www.myOntarioDivorce.com or www.BermanBarristers.com.

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