ONLINE DIVORCE IN ONTARIO
For those seeking an inexpensive divorce in the province of Ontario, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Ontario.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Ontario has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.
Online divorce is the perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Ontario is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Ontario with the Onlinedivorce.com system can be a simple solution to a difficult situation.
In 1986, Canada passed the Divorce Act. This is a federal act that applies to all provinces and territories in Canada. The Divorce Act sets out the grounds for divorce which covers spousal and child support and child custody issues and declares what grounds for divorce are acceptable. Property and debt distribution will fall under provincial or territorial law and can vary from province to province.
OnlineDivorce.com provides all the documents you need to complete a divorce under the Divorce Act and will also provide you with a separation agreement covering property and debt issues. The divorcing spouses must reach an agreement regarding property and debt issues to proceed with the separation agreement. If the spouses cannot reach an agreement regarding these issues, they may need to contact an attorney.
FILING
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Ontario, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
GROUNDS FOR DIVORCE IN ONTARIO
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the Province of Ontario. Grounds are merely the reason for divorce, and the province must approve them.
To obtain a dissolution of marriage in Ontario, you will have to prove that your marriage is broken down (irreparably). The Canadian law states that a marriage breakdown occurs if:
- Both the filing and the defending spouse have lived separate and apart for a minimum of one year with the consideration that the marriage is over and complete; or
- the defending spouse has committed adultery (to include sexual intercourse with another party); or
- the defending spouse has been physically or mentally cruel to the petitioning spouse, making it unbearable for the spouses to continue living together.
Cruelty can include both acts of physical violence as well as those that would cause severe mental anguish.
*Most divorces granted in Canada are based on the one year of separation grounds. It is important to realize that 'living separate and apart' does not necessarily mean that the spouses must live in separate homes - they can be separated but still share a same home for reasons such as children, money, or convenience.
RESIDENCY
Every province has specific requirements in which divorcing couples must establish residency within for the divorce to be finalized. Ontario is not an exception.
To file in Ontario, at least one of the spouses’ regular place of residence must be in the province of Ontario and it must have been the case for at least one consecutive year at the time the divorce is to be filed. The divorce cannot be filed until this is the case. There is one exception, which is divorce can be filed in Ontario if neither spouse lives in the province if (a) the marriage was performed in the province and (b) the spouses’ home country or province does not recognize the validity of your marriage (such as with a same sex marriage).
If the residency must be proven, there are several different ways to demonstrate that it has been established. The easiest way is if the spouse has a valid and in-date driver’s license, ID card or another government-issued card, showing your address, which was issued at least one year before filing for divorce. If this isn’t the case, it is sometimes possible to establish residency by having someone who knows you, testify that you have lived in the province for at least a year. If none of these options are possible, you should contact your local courthouse and inquire as to other potential opportunities that may help in proving residency with the court. As for proving residency within the local jurisdiction, this varies from location to location.
CUSTODY OF THE CHILDREN IN ONTARIO DIVORCE CASES
The Divorce Act states that the court must look "to satisfy itself that reasonable arrangements have been made for the support of any" minor children. In some cases, judges may require you to at least request an order for child support if your spouse is not paying.
PROPERTY DISTRIBUTION IN ONTARIO
When a couple chooses to divorce in Ontario, they must distribute property in a fair and agreeable manner.
Property and debt division are governed by provincial or territorial law. These laws vary, but generally, recognize that property obtained during the marriage is shared and there is some mechanism in place for dividing it.
ONTARIO SPOUSAL SUPPORT GUIDELINES
Alimony, also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during marriage after the divorce.
All details of spousal support in Ontario, and elsewhere in Canada, are resolved utilizing the details from the Divorce Act.
ONTARIO CHILD SUPPORT GUIDELINES
All details of child support in Ontario, and elsewhere in Canada, are resolved utilizing the details from the Divorce Act.
DIVORCE MEDIATION
For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.
FORMS
Ontario forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.
FILING FEES
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
HOW LONG WILL IT TAKE?
The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.
Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.
Here is how we can make it easier for you to complete your divorce using OnlineDivorce.com:
- We provide you with the full divorce packet that is required by your local court - no need to drive to your local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
- We complete the necessary forms for you based on the answers you give in a simple guided online interview - no need to read through the legal jargon and try to figure out how to fill out those forms yourself.
- We give you the detailed and easy to follow step-by-step instructions for filing your divorce with the court - so you know exactly what to do to get your divorce finalized.
- We provide unlimited technical support - if you need assistance through the online process you can always reach out to us via phone, email or live chat and we'll do our best to help you.
- We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
