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How To File For Divorce In Ontario

How To File For Divorce In Ontario

Many people search for how to file for divorce in Ontario. The divorce laws in Ontario are the same as other Canadian provinces. There is no need to be Canadian to apply for a divorce. You will however need to show you are legally married in some country. You will also need to show that you and your ex will not likely get back together. The most common way to show that is to have been separated for at least a year, adultary or abuse.

Read more: I Used An Online Divorce Service — This Is What Happened

You may be able to show that your marriage has fallen apart before the one-year mark. You may need to prove that someone cheated or that there was abuse. This can be hard to prove so most people just wait for the full year.

How To File For Divorce In Ontario

Please note that divorce does not apply to common law couples. You must have been legally married to be able to get divorced. If you are breaking up with someone in a a common law relationship, the term is separation instead of divorce. You can use a separation agreement for both marriage and common law. The separation agreement can cover issues related to spousal support, the child, and division of assets. The separation agreement is sometimes general and sometimes very detailed.

Do I need To Prove My Spouse Did Something Bad?

In Canada we have no fault divorce. You don’t need to prove your spouse is a bad person.

How to Start the Divorce Process in Ontario?

  • Fill out all the divorce forms (we can do this)
  • Send the forms to an Ontario court
  • Pay the court fees
  • Respond to any questions the court has (hopefully none if you did the forms correct)

Read more: There Is Always Someone Cheaper

Divorce in Ontario Process (If You Start)

  1. Prepare the application (we can do this)
  2. Get the application approved by the court
  3. Get a court file number
  4. Serve your spouse (if you can find them)
  5. File proof you served spouse

Divorce in Ontario Process (If Spouse Starts)

  1. Receive the claim
  2. Contact a family lawyer
  3. Work on the reply to the claim
  4. File the response in court

Changes to Divorce, Parenting and Garnishment 

Bill C-78 is coming. Canada’s Divorce Act, and parenting and garnishment laws, may soon be changing.

As of November 2018, Bill C-78 was still being debated by Parliament. Here’s what the changes, introduced by the federal government May 22, 2018, could mean for your family.

Bill C-78 would:

  • champion children’s best interests
  • protect families from domestic violence
  • reduce child poverty
  • and make access to family justice easier.

Among changes, child custody would be called parenting orders. Child access would become parenting time. Making the language courts and lawyers use less adversarial emphasizes you and your former spouse have decision making responsibilities to your children if your relationship ends.

*We have divorce attorneys in Ottawa, Toronto, and Duncan BC. You can call us toll free at 1-844-466-6529. Please let us know which location is closer when you contact us.

When family courts consider where children will live, they make the best interests of your child paramount. Even if you think shared custody would be best, the court can decide otherwise. Under Bill C-78, the judge would consider every factor that might affect your child’s interests.

For example, the judge could look at your child’s needs for their age and stage of development, including their views and preferences.

A judge might consider how well your child gets along with you, your former and current spouse and their partners, grandparents, siblings and other important people in their life. How well you and your former spouse cared for the child in past and your plans for your child’s future, as well as your willingness and ability to care for your child, would count.

Bill C-78 Changes to Canada's Divorce Act

Your child’s cultural, linguistic, religious and spiritual upbringing and heritage would matter. As would you and your former spouses’ ability to cooperate on issues affecting your children.

Read more: Thinking About Splitting Up? – Steps To Take Before It Happen

Domestic violence is a huge concern to family judges. The new law strives to help protect your child from psychological, emotional or physical harm. Negotiation, mediation or collaboration would be the preferred way of resolving differences. But the proposed law also gives courts more measures to stop violence.

Other changes relate to moving your child to another province or country and ensuring child support payments are made.

It’s been almost 35 years since the last major updates to Canada’s Divorce Act. If adopted, divorced couples can look forward to welcome revisions to protect their and their children’s interests.

In conclusion, have a look at our YouTube channel to learn more about family law.