Divorces
How to Obtain a Divorce Order in Ontario: A Step-by-Step Guide
Navigating the process of obtaining a divorce order in Ontario can be complex. The Cahill Firm’s excellence first approach provides you with a transparent legal strategy to understand your rights and options. In this blog post, we’ll explore how to obtain a divorce order in Ontario. After reading this post contact our team so we can develop your legal strategy today!
Understanding Divorce in Ontario
A divorce legally ends a marriage, allowing former spouses to remarry. In Ontario, the process is governed by the Divorce Act, and a divorce order is required to finalize the dissolution of marriage.
Steps to Obtain a Divorce Order in Ontario
- Meet Eligibility Requirements:
- You or your spouse must have lived in Ontario for at least one year before applying.
- You must have a valid reason for divorce, such as separation for at least one year, adultery, or cruelty.
- Prepare the Necessary Documents:
- Application for Divorce: Complete Form 8A, including details about your marriage and the grounds for divorce.
- Registration of Divorce Proceedings (Form 36): Ensures there are no duplicate applications.
- File the Application:
- Submit your completed forms to the Ontario Superior Court of Justice. Pay the required filing fee, which may vary.
- Serve the Divorce Papers:
- Serve your spouse with the divorce application. You can use a process server or a friend/relative over 18 to deliver the documents.
- Affidavit of Service:
- File an Affidavit of Service (Form 6B) with the court to confirm that your spouse has been served.
- Wait for a Response:
- Your spouse has 30 days (60 if outside Canada or the US) to respond. If there is no response, you may proceed with an uncontested divorce.
- Apply for a Divorce Order:
- If uncontested, submit a Motion for Divorce (Form 36) and an Affidavit for Divorce (Form 36A) to request the court to grant the divorce order.
- Receive the Divorce Order:
- Once the court approves your application, you will receive a divorce order. The divorce becomes final 31 days after the order is issued.
Legal Assistance for Divorce
Understanding the divorce process is crucial for ensuring a smooth and efficient resolution. At the Cahill Firm, our experienced family lawyers are here to provide guidance and representation.
Contact Us
For individualized legal advice on obtaining a divorce order in Ontario, contact the Cahill Firm today. Our dedicated team is ready to assist you with your family law needs.