Divorce can be a complex and emotionally challenging process, however, in Ontario, there is an option for a simple and straightforward divorce. A simple divorce is known as uncontested divorce, which means that both parties agree to divorce. This is different from contest divorce, which is when the parties do not agree on the issues raised by the divorce.
An uncontested divorce or simple divorce offers a less complicated and time consuming alternative for those who can reach amicable agreements on various divorce related issues.
Even a straightforward divorce carries strict procedural rules, and a single filing error can delay your Order by weeks or months. Shuter Law manages the entire process from start to finish, so your application meets every court requirement the first time.
Do You Qualify for a Simple Divorce in Ontario?
- Grounds for Divorce
To be eligible for divorce in Ontario, you must have grounds for divorce. Following are the criteria for grounds for divorce:
- Living apart for at least one year prior to the divorce application and during the divorce process
- Adultery committed by the other spouse (the applicant does not need to live apart for a year)
- Mental or physical cruelty that makes cohabitation unbearable
For a simple divorce, the most commonly cited ground is living apart for at least one year, as it does not require proof beyond the separation itself.
- Residency Requirements
Secondly, to be eligible for divorce in Ontario at least one spouse must be a resident in Ontario. This means that they have lived for a minimum of twelve (12) months immediately before applying for a divorce.
- Intent to Separate
Both parties must have the intent to separate and must live apart for at least one (1) year.
- No Issues with Division of Property and Responsibilities
In order for the Simple Divorce to proceed, there shall be no contested issues and the parties must have an agreement on the following issues:
- Decision-making responsibility and Parenting time (if children are involved)
- Division of property (also referred to as an “Equalization”)
- Child support; and
- Spousal support
- No Ongoing Legal Disputes
There should be no ongoing legal disputes or other divorce proceedings between the parties in any other jurisdiction.
Once these requirements are met, a party must file an Application for divorce with the court that is located in the municipality where either party has lived. A marriage certificate and any other relevant documents related to the issues that need to be resolved, such as a Separation Agreement or parenting plan, must also be submitted. View the checklist here.
Once the documentation is in order, the court will issue a divorce Order which officially takes effect on the thirty-first (31st) day after the date it was granted by the court.
Simple Divorce Support at Shuter Law
A simple divorce can be straightforward and efficient when the application and supporting documents are prepared correctly from the beginning.
Tabindah Barlas of Shuter Law can assist you with preparing and filing your divorce application, confirming that you meet the residency and legal requirements, and ensuring that your documents are properly completed and ready for filing with the Court.
She will guide you through the process, keep you informed at each stage, and help address any issues that may arise along the way.
Tabindah Barlas at Shuter Law is here to help. Contact us to schedule a consultation and take the next step toward finalizing your divorce.