Frequently Asked Questions
Frequently used terminology:
Applicant:
An Applicant is the spouse who is applying for a divorce.
Respondent:
The Applicant's spouse is referred to as the Respondent.
Joint Applicants:
When both spouses are in agreement, and apply for the divorce together, they are referred to as Joint Applicants.
What is an uncontested divorce?
An uncontested divorce is when neither party disagrees to the divorce.
Accordingly:
1) If a spouse files for a joint divorce application together (both sign).
2) If one spouse files the divorce application solely, and the other party agrees to sign the acknowledgment of service.
What are the requirements to file a divorce in Ontario?
Residence:
At least one spouse must be a resident of Ontario for one year.
Grounds:
1.Parties must be separated for one year.
or
2.Adultery
If a party committed adultery, they can proceed with the divorce process without any mandatory wait times. Please note, the "adulterer" cannot be the applicant and must agree to sign an Affidavit.
or
3.Abuse
If one of the spouses committed physical or mental abuse during the marriage, then a divorce can be started without the one year wait time. Please note, Pro Divorce does not process applications on the grounds of abuse.
Do I need a lawyer to divorce?
In Ontario, parties are able to file for a divorce without the assistance of a lawyer. Your Divorce Specialist can assist from start to finish as long as the parties are in agreement.
NOTE: If you have outstanding issues such as child custody, access, division of property, child support, we encourage you to seek out legal advice.
Will I be required to attend Court?
No, if your divorce proceeds on an uncontested basis, a judge will review and grant your divorce based solely on the divorce forms that Pro Divorce will prepare on your behalf.
My marriage took place outside of Canada, can I still divorce in Ontario?
Yes! It does not matter what country your marriage took place, as long as you meet the Ontario requirements.
What is considered the separation date?
The date of separation is when the parties cease to live together as a couple, however, they can be physically living under the same roof.
Do I need to be “legally separated” in order to proceed with a divorce?
In Ontario, the term “legal separation” does not exist. You are considered separated once there is a material breakdown in the marriage, and you have chosen to live separate and apart from your spouse.
Can spouses continue to live under the same roof after they have separated?
Yes. There are many reasons why spouses will continue to live together, even after they are divorced (children, finances,etc).
The spouse(s) will simply explain to the court with respect to the living arrangements by way of a sworn Affidavit for Divorce.
Can I begin the divorce process if I have been separated for less than 1 year?
Yes, you can begin the divorce process at any time after you and your spouse separate. Although, your divorce cannot be finalized until your 1 year separation has occurred.
However, the exception to this requirement is if you file your divorce on the grounds of Adultery or a form of Abuse.
Is a Separation Agreement required before I file for a divorce?
No, as long as you and your spouse have settled all issues pertaining to custody, property and support, the courts do not require a Separation Agreement.
How long does the divorce take?
If the parties are in agreement (Joint Divorce) and the necessary criteria has been met, your divorce could be granted by a judge anywhere from 3-5 months. There are many variables from court to court that may lead to differing wait times. Regardless, we will always stay updated, and update you, with the status of your application.
What if my spouse is uncooperative to divorce?
You can still file the divorce application with the court, and your spouse can be subsequently personally served by a third party. The Respondent will have 30 days to file a response (answer), or 60 days if living in another country. If this step occurs, your divorce is now a "contested divorce."
*You will be advised at this step what to do next.
Can I file for divorce if my spouse lives in another country, but I am living in Ontario?
Yes, although you may file for divorce under the Ontario Family Law Rules, service of the Divorce Application on the Respondent may be pursuant to the “Hague Convention” if the applicable country is a member.
NOTE: Pro Divorce does not facilitate overseas divorces if the country is a member of the Hague Convention unless the parties agree to file a joint divorce.
What are the mandatory court fees for my divorce?
The current court fees for a Simple or a Joint divorce are as follows:
$224.00 - Divorce Application filing fee (Initial step in the divorce process)
$445.00 - Affidavit for Divorce filing fee(Final step in the divorce process)
However, depending on your financial situation, you may qualify for a Fee Waiver approved by the Court, whereas your mandatory court fees could be waived, with the exception of $10.00. This fee is payable to the Department of Justice to produce a Clearance Certificate for the court's purpose.
In the case of a Joint Divorce, both parties must qualify for the Fee Waiver. Pro Divorce will prepare and swear your Fee Waiver Request to the court which is included in our fee.
Note: Approval of a Fee Waiver by the Court is not applicable to fees payable to Pro Divorce.