Divorce Lawyers to Handle Your Divorce in Ontarioby Kristen White Blogger Not every divorce is acrimonious. Indeed, sometimes the “love” is gone but the “like” and respect remains. In such situations, it is still important to hire the Best Family Lawyer In Toronto to make sure any arrangement you and your spouse agree to is properly created so it remains enforceable if there is ever a problem. Fortunately, if the parties are in agreement on all issues, there is a process for Uncontested Divorce In Ontario to make the consummation of this agreement as smooth and friendly as possible.
The Basics of Divorce In Ontario
To have an Ontario court end your marriage, you must
(i) have been legally married in Canada or any other country,
(ii) you will permanently separate from your spouse or already have done so and you do not believe there is any chance at reconciliation and
(iii) at least one of you has resided in Ontario for at least 12 months prior to applying for divorce.
If you are not legally married, Canada’s “Divorce Act” is not applicable to you.
If you are not legally married but you want to end a relationship in an official capacity, you undergo a “separation,” where you agree to live apart and do not intend to reunite. Even if you were not legally married, you can still negotiate a “separation agreement” to contemplate issues regarding child custody, access and support under Ontario laws, and this will be enforceable.
In order to achieve a divorce, you must show that
(i) you and your spouse have lived apart for one year and consider your marriage over,
(ii) your spouse committed adultery and you have not forgiven your spouse, or
(iii) your spouse has been physically or mentally cruel to you such that you find it impossible to continue living together.
The actual divorce process is started by
(i) completing a divorce application,
(ii) submitting the application in an Ontario courthouse,
(iii) paying the required fees and
(iv) following other rules and procedures.
The Best Family Lawyer In Toronto is available to make sure all criteria are met and all forms and procedures are properly complied with.
Sometimes the spouses want to—and are able to—complete a divorce in an amicable way. An Uncontested Divorce In Ontario is the best way to get this done.
Without the stress and emotion of severe disputes, completing a divorce in this manner is simpler and just as effective. Indeed, as one can see from reviewing an application package, uncontested divorces include the distribution of finances and assets, custody, access, support and every other issue a court would decide in a contested matter.
Once the application is completed, you file it with the relevant government authority, at which time the government officer will
(i) assign the case a court file number;
(ii) place a court seal on the Application; and
(iii) provide a Registration of Divorce Proceeding form to fill out.
The latter document is then sent to the federal Department of Justice to make sure no other divorce applications have been registered by the same parties. If this is the case, the Central Registry of Divorce Proceedings will issue a Clearance Certificate.
The documents are then served on the other spouse and any other necessary parties. After a period of time, as long as no objections are received, the divorce will be finalized after the 30 day waiting period has elapsed and the applicant submits other documents to the court. This process can take a matter of a few months as opposed to many months if not years in a contested matter.
Either way, the best family lawyer In Toronto can help if you are in dispute with your spouse or if you prefer to use the process for an uncontested divorce. Find someone with the experience to help you get through the process.
Created on Dec 26th 2019 00:52. Viewed 301 times.
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