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    How to File for a Divorce in Ontario
    Posted: 2012-08-14 05:00:55

    Though one can easily get lost in divorce filing procedures, filing a divorce inOntariois actually a straight-forward matter. The procedure is standardized and can be executed with little difficulty. The only thing it takes is time.

    This article attempts to lay out the main steps. If you require more information, visit the Ontario Attorney General Office website. And, of course, you can always seek the advice of lawyers.

    1)      A simple application for divorce requires that you complete Form 8A. It is available on the Government of Ontario website. If you are going to ask for spousal support, then you would have to fill Form 8 instead. You can also use a government online assistance service to prepare your application.

    2)      If you are asking for spousal support, then you have to complete a “Financial Statement”, which is Form 13 or Form 13.1. The difference between the two is that Form 13.1 applies to claims to matrimonial property, while Form 13 does not.

    3)      One the above forms are completed, bring them to the Superior Court of Justice (Family Court Branch) or the Ontario Court of Justice (Family Law court). The court clerk will give you a Court File number and Registration of Divorce Proceedings Form.

    4)       Fill the Registration of Divorce Proceedings Form and pay court filing fees (~$150).

    5)      After filing with the court, you need to give copy of Form 8A (or Form 8) on your spouse that you want to divorce. It has to be done by a process called ‘Special Service’. Under this process, the actual service must be made by a person who is not the applicant. It can be a friend, a family member, or person called a “process server”.

    6)      After serving, you have to prepare Form 6B (Affidavit of Service) and file it with the court.

    7)      After all these steps are done, you have to wait for your spouse to respond. The spouse has to fill Form 10 (Answer) within 30 days. If no answer is filed within this time frame, you can apply for a Divorce Order:

    1. For this, Forms 36 (Affidavit for Divorce) and 25A (Order) have to be completed and filed with the court.

    2. Once filed, the Central Registry of Divorce Proceedings Office is supposed to give you a receipt of Clearance Certificate. It usually takes time to receive it.

    3. Once receipt is received, you need to wait for the judge to review your file and make a decision about granting you the divorce.

    4. Once the judge grants a divorce, expect to receive a copy of the Divorce Order.

    Few last words….

    Under the Canadian Divorce Act, divorce is granted if there is a marriage breakdown. Marriage breakdown is established if:

    • The spouses have lived separately for at least one year immediately prior to the commencing the divorce, or

    • The spouse against whom the divorce is sought has committed adultery, or

    • The spouse against whom the divorce is sought is guilty of cruelty

    Therefore, prior to filing for a divorce, it is important to determine if you can prove that a marriage breakdown has occurred. Otherwise, filing for a divorce may not produce the results that you want.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.