Your Complete Guide To The 2024 Divorce Process In Canada and How to Get a Divorce in Ontario
Do You Meet the Criteria for Divorce in Canada?
According to the Divorce Act (the federal law dealing with divorce matters), there are three criteria you must meet to file for divorce in Canada:
- You and your spouse must be legally married in Canada or another country.
- At least one of the spouses needs to have lived within Canada for at least one year immediately prior to filing.
- At least one of the spouses must intend to make the separation permanent with no possibility of reconciliation.
A Divorce will be granted by the court even if one party one party does not want to get a Divorce. A court may refuse to grant a Divorce if proper child support is not being paid prior to the Divorce being granted.
The Divorce Act in Canada identifies three valid grounds for divorce – adultery, abuse/ cruelty or separation
The Divorce Process In Canada – Steps of Getting a Divorce in Ontario
While every situation is unique, there are common steps required for filing a contested or uncontested divorce in Canada. These steps remain the same regardless of the circumstances of individual cases.
However, the length of time required for the process to be finalized varies based on how long it takes to settle disputes between spouses. If the issues are complicated or one person (or both parties) are unreasonable, it will take more time to resolve the issues arising from your separation. This will also result in an increase in the cost involved in resolving the issues arising out of the separation.
Step 1 – Filing the application for Divorce and Financial Statement
An Application for Divorce sets out your claims arising from your separation. The Application is issued (ie. filed) with the court. An Application for Divorce may be filed before or after you begin your Separation period (30 days).
If you have a Separation Agreement this should be filed alongside the Application for Divorce because it outlines the parties Agreement regarding some or all of the issues arising out of the marriage (eg. Child Support, Spousal Support, Child Custody and Family Property Division and property claims).
In a joint divorce in Ontario, you and your spouse file the divorce papers together after agreed on major points and signed a Separation Agreement.
Step 2 – Serving your spouse with the Divorce Papers and Financial Statement
After you have filed the necessary paperwork with the Court (ie. issued the Application) your spouse and his/her legal counsel must receive their copy. Typically, a process server is required to deliver this paperwork and you must file an Affidavit of Service with the Court.
Step 3 – Receiving the Answer and Financial Statement
Once the Application has been served on your spouse, he/she will have 30 days to file an Answer along with their own Financial Statement. The Answer will set out what particular facts in the Application that your spouse does or does not agree with and set out your spouse’s own claims. If no response is received from the Respondent/spouse within 30 days of being served, your divorce will be deemed “Uncontested” by the court. If the Divorce is “uncontested”, the claims sought in the Application, may be granted by the court without further notice to the responding spouse.
Step 4 – Reply
Once the Answer is served, the Applicant/spouse will have an opportunity to respond to the claims and allegations set out in the Respondent/spouse’s Answer. This is an optional step, but, if you choose to file a Reply, you must do so within 10 days of receiving the Answer. If no Reply is filed, the process continues onto the next step, a Case Conference.
Step 5 – Case Conference
This is primarily a procedural step in the Discovery process of the court proceeding. Parties and their lawyers meet with a court in front of a Judge. It is an informal court process in which the Judge and the lawyers discuss the outstanding issues, see if any of the issues can be resolved, request financial disclosure, and discuss how to move the matter forward to a resolution (either by way of Separation Agreement or Court Order.)
A judge usually will not make a substantive Order during a Case Conference. However a judge will usually make procedural Orders at a Case Conference.
Once a Case Conference is held either party can bring a motion for interim relief (see step 7).
Step 6 – Discovery
The discovery process involves exchanging any information that supports or disproves claims made by either party.
Discovery typically includes:
- An exchange of financial documents such as tax return, bank statements, credit card statements etc.
- Assessments regarding Custody or Access issues
- A questioning process conducted under oath wherein each party can question the other party concerning the issues in the proceedings
Step 7 – Motion
Often Motions occur to deal with time sensitive issues, such as unpaid Child/Spousal Support, sale of a house, Disclosure or Procedural issues.
Step 8 – Settlement Conference
A Settlement Conference involves the parties and their lawyers meeting with a Judge in an attempt to settle all or some of the issues arising from the separation from your spouse. If you reach a settlement, the terms of the Separation Agreement will be incorporated into an Order.
A Divorce will be granted by the court once it is satisfied that proper child support is being paid. If all of the issues are not resolved, the matter will proceed to a Trial.
Step 9 – Trial
If no Settlement has been reached, your Divorce will continue to Trial where all evidence will be presented, and a Judge will make a final decision.
After issuing the Divorce Order and you are legally divorced from your spouse, the Ontario court may issue a divorce certificate upon the request of either party.
Is Legal Representation Required throughout the Divorce Process in Canada?
It is possible for an individual to act on their own behalf during the divorce. However, Family Law is complex. Retaining legal representation is in both parties best interests. Even family lawyers that go through a divorce frequently retain their own lawyers. It is a common saying that a “lawyer that acts on his own behalf, has a fool for a client.”. It is very difficult for an individual to act in an objective, impartial manner, when he/she is emotionally involved in a proceeding. As a result, it is very important to find a divorce lawyer in Toronto with the experience necessary to successfully guide you through the divorce and fight for your right to a fair outcome. Even in an Uncontested Divorce, hiring a divorce lawyer is still a good idea to guide you through the process and ensure that it is completed properly.
A divorce lawyer from Fine & Associates will help you navigate your divorce in Ontario and ensure your rights are protected.
Make Objective Decisions During the Divorce Process
Going through a divorce or separation can be psychologically and emotionally traumatic. During this difficult time, you do not want to have to worry about navigating complex family law matters. Making objective decisions when you are in an emotional state of mind can be challenging. It is in your best interests to obtain a lawyer to assist you during this difficult time. Child custody/access, child/spousal support, or net family property settlements are just a few examples of issues that will need to be resolved during divorce, that can have a lasting impact on your life.
For over 20 years, Fine & Associates have exclusively practiced family law and divorce law. As a result, we have the experience and focus necessary to get the results on which our clients’ financial and family futures depend. Fine & Associates recognizes that a keen understanding of your specific situation is vital to protecting you and your family’s best interests.
How We Work on Our Clients’ Family Law and Divorce Cases
Once you have decided that there is no reasonable prospect of reconciliation with your spouse, it is time to find a divorce lawyer to represent your needs. Perhaps the best way to decide which divorce lawyer or family law firm in Toronto will best represent your needs, is to visit local family law firms for a consultation. You will undoubtedly have a lot of questions about your divorce and how your lawyer intends to represent your interests throughout the process.
Your divorce lawyer at Fine & Associates will communicate a clear plan of action and keep you involved during every step of the legal process, We provide quality representation for our clients at a reasonable rate. We have a long history of achieving very favourable results for our clients which has resulted in our reputation as a well-respected divorce law firm in Toronto.
Many of our previous clients refer their friends and family to us with confidence, as they know that having us on their side during their own divorce or separation was instrumental to their successful outcome. We understand that our firm is only as good as the results that we achieve for our clients.
See what our clients have to say about us – our reviews speak for themselves.
Fine & Associates Is Your Toronto Divorce Lawyer. Here’s What to Expect from Your Free Consultation
At Fine & Associates, we believe that any reputable divorce lawyer should provide a no commitment, free phone consultation to aid you in making the correct choice. After all, a divorce is a major decision in your life and can leave a lasting mark. Here’s a preview of what you can expect from a free consultation with us.
Our free divorce consultations are all about you. We are available to answer all of your questions and provide you with a detailed outline of the divorce process in Ontario. Remember, your lawyer is there to serve you, so ask away and remain critical until you decide that this divorce lawyer is right for you.
Divorce FAQs: Common questions we receive during our free consultations about divorce in Ontario
How much will this divorce in Ontario cost?
This is one of the most frequent questions we get. Unfortunately, it’s also one that we have the most difficulty answering effectively. While our practice attempts to resolve your divorce as quickly and inexpensively as possible, our fees can vary widely. This is because the cost of a divorce often depends on factors that we have no control over, such as whether or not either party will be reasonable, the time involved, and the length of proceedings. We always say that it “takes two to tango”. If one party is unreasonable or difficult, it will only serve to increase the cost of the proceeding.
However, we can outline what types of family lawyer fees we will be charging, and what those fees cover in an effort to keep our billing transparent. This will help give you an understanding of which costs are included in the fees and what costs are still left to pay. A good idea is to provide as many details as possible about your financial situation. This will give us an idea of your expectations regarding items such as the cost of legal representation, how much you expect to receive upon settlement and the dollar value of child or spousal support payments you deem acceptable.