Ontario Divorce Forms

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Ontario Divorce Law

Download completed divorce forms based upon the answers you provide in the online interview. We provide Ontario Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Ontario. Download your uncontested or no fault divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.

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Divorce in Ontario, Canada 

Divorce often comes with a lot of stress, but it’s a good things the divorce laws in Ontario are pretty straightforward. Especially if you are filing for an uncontested divorce, you can complete the entire process in less time and with less costs compared to a traditional divorce. Without the usual conflicts about child custody, child support, property division and other similar concerns, all you need to do is complete the required forms and submit them to the appropriate court. With our form preparation service, you can avoid further delays, knowing that you have completed the right forms the right way.

There will be times when conflicts on the terms of the divorce will arise. This is normal. A professional divorce mediation service can help you sort through these issues and come up with a set of terms favorable for both parties. In case of extremely complicated cases however, it is best to get help from a divorce attorney.

We have put together some information to give you a better idea of how the Ontario divorce process works.

 

Ontario Divorce Facts 

In 2008, Statistics Canada showed that there were 23 divorces in every 10,000 residents within the Province of Ontario. In a list that ranks the divorce rate among all Canadian provinces and territories, Ontario falls in the middle.

Ontario honors both fault and no-fault divorce. For fault-based divorces, extreme cruelty and adultery are counted are valid grounds. No-fault divorces are the more popular choice as there is no need to place blame. Having lived separately for at least a year would automatically qualify a couple for divorce. This includes the amount of time spent living in the same house, but without being together. A minimum residency requirement of one year is also followed.

 

Ontario Divorce Papers and Forms 

The set of forms required to file a divorce would depend on your circumstances. Different forms will be needed if you are filing jointly or separately, as well as if there are other factors to consider like child custody or property division.

The website of the Ontario Ministry of the Attorney General offers a lot of resources that will show you how the entire process works. All the information can be overwhelming for someone who is stepping on unfamiliar grounds, and it is possible to encounter some confusion especially on figuring out which forms you need to file. Through our form preparation service, you can make sure the right forms are submitted, effectively avoiding any delays.

 

How to File Divorce Papers in Ontario 

You can file your divorce papers personally at a local Ontario courthouse near you once they are completed. There are filing fees to pay, so call ahead to find out how much you need to pay and if there is anything else you would have to bring. After the papers have been filed, the clerk of court will give you instructions on what to do and what to expect.

 

How to Serve Divorce Papers in Ontario 

All parties involved must be notified of the situation to give them the chance to respond or to contest any of the terms. This is what serving divorce papers is for. Serving divorce papers simply means giving your spouse a copy of the papers filed. If the divorce was filed jointly, this step could be skipped.

The Ontario courts do not allow you to serve the divorce papers yourself. You have to find someone else over the age of 18 to do this for you. If you do not want any of your family members or friends to get involved, you can hire a private process server to do it for you for a fee. Whoever delivers the papers will have to complete an “Affidavit of Service”, which will be submitted to the courts as well.

 

Divorce Residency Essentials to Get Divorce in Ontario

Every province has residency requirements, and Ontario is no different.  If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely.  For Ontario, the requirements are:

When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the province for at least six months before filing for di­vorce.

The divorce may be filed for in any of the following: 

  • The county where the defendant resides;
  • The county where the spouses both resided at the time of their separation; or
  • The county where the plaintiff resides if the defendant is a non-resident of Ontario.  

 

Reasons for Divorce in Ontario 

There are two primary categories of divorce filing in Ontario. They are fault and no-fault.  In order to file for divorce in Ontario, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. 

No-fault reasons for divorce in Ontario include:

  • Voluntary separation lasting more than a year.

 General reasons include, but are not limited to:

  • Adultery
  • Living separate and apart without cohabitation for over two years without the husband supporting the wife (divorce must be filed by wife); 
  • Mental or physical cruelty committed by the other party.

 

Custody of the Children in Ontario 

A court in Ontario grants the custody of the children upon divorce.

The child custody can be granted to either parent on the following grounds:

  • Best interests of the child:  When children who are minors are involved in a divorce, the Ontario courts will do whatever it takes to help lessen the emotional trauma on the children. If the parents cannot reach an agreement with regards to the issues in which the children are involved, the court will determine the matter of custody at its discretion.
  • The age and sex of the child;
  • The safety and well-being of the child.
  • The moral character of the parents.

Ontario officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse. 

 Factors taken into consideration for Ontario include:

  • Parental custody agreement;
  • Parental cooperation;
  • Parental ability to encourage love and sharing;
  • Any history of abuse.
  • Geographic proximity of parents. 

Joint custody may be awarded.  However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.

 

Ontario Spousal Support Guidelines 

The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves.

This award may be made out of the property belonging to the other spouse, unless it is separate prop­erty (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage. 

In applying the statewide uniform guideline, the courts will consider the following: 

  • The value of the estate of both spouses.
  • The condition of the spouse’s family.  Up to 50% of a spouse’s retirement benefits may be used for alimony if the retirement was accumulated during a marriage of ten years or more. Misconduct of either spouse may be considered in the determination as to whether to award maintenance and may totally bar the right to any maintenance. Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried. 

 

Ontario Child Support Guidelines 

A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. Ontario driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution 

Ontario is an “equitable distribution” province and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property.

 

Divorce Mediation 

There is no legal provision in Ontario for mediation.

 

 

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FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.

Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.

Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.

Free Name Change for Wives: Yes, you can get your old name back with our service.

FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.

FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.

FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.

Unlimited Telephone Support: Our support team is on hand every business day from 8am PST – 5pm PST to answer any questions.

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