A divorce is the legal process by which a valid marriage is terminated in Ontario by the Ontario Superior Court of Justice. You must have been ordinarily resident in Ontario for one year immediately before the commencement of the divorce Application. The Divorce Act is a federal law creating marriage breakdown as the ground for divorce. A marriage breakdown can be established if you and your spouse have lived separate and apart for at least one year before the Court makes the divorce Order and you were living separate and apart when the divorce Application was commenced; if the other spouse has committed adultery; or the other spouse has treated you with physical or mental cruelty to such an extent that it has made living together as spouses intolerable.
The divorce may stand alone as the only claim in the proceeding or it can be joined with claims involving children, support and property. These claims in a divorce Application are called corollary relief claims. If the divorce claim stands alone and it is not contested by the other spouse, the divorce can be completed without the need for you to ever attend Court and by filing the appropriate documents and paying the Court’s fees for processing the divorce. There are a number of bureaucratic functions and checks performed by the government behind the scenes in processing an uncontested divorce, but it can usually be completed in four or five months.
It is important to note that The Divorce Act prohibits the Judge from signing the divorce Order unless he or she is satisfied that satisfactory arrangements (which usually means payment of Guideline child support) are made for the dependent children.
Please Note: This information is not intended to contain advice specific to your situation. There are no cookie cutter solutions. After all, you are reading this information on the internet. Your situation is special and unique and you must be guided by specific individual advice from your Lawyer, Certified Financial Planner or Accountant.
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