Simplified Divorce Help in Ontario for You

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Property division in an uncontested divorce is based on mutual agreement between spouses.
In Ontario, property division during an uncontested divorce typically involves both parties agreeing on how to split their assets. The law generally mandates an equal division of property acquired during the marriage, but couples can negotiate the terms in their separation agreement. This agreement should address all assets and debts to ensure clarity and fairness. It’s crucial to fully disclose all financial information during this process to avoid disputes later.
A separation agreement is a legally binding document outlining the terms of your separation.
A separation agreement details how you and your spouse will handle various aspects of your separation, including child custody, support, and property division. While it is not mandatory to have a separation agreement before filing for divorce, it is highly advisable. Having a clear, written agreement helps prevent misunderstandings and disputes later on and can simplify the divorce process, particularly in uncontested cases.
Child support in Ontario is calculated using federal guidelines based on the paying parent’s income.
The Federal Child Support Guidelines provide a framework for determining child support amounts in Ontario. The calculation primarily considers the income of the parent who will be paying support, the number of children, and the financial needs of the children. Both parents may also be required to share expenses for childcare, healthcare, and education, depending on the specific arrangements agreed upon in your separation agreement or court order.
If your spouse does not respond, you may proceed with an uncontested divorce.
In Ontario, once you serve your spouse with the divorce application, they have 30 days to respond if they are in Canada (60 days if they are outside the country). If your spouse fails to respond within this timeframe, you can continue with the divorce as uncontested. This means you can request a divorce order without needing a court appearance for disputes, simplifying the process significantly.
You need to complete several specific forms to file for divorce in Ontario.
To initiate an uncontested divorce in Ontario, you must complete and submit the following forms:
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Application for Divorce (Form 8A): This outlines your intent to divorce and the terms agreed upon.
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Affidavit for Divorce (Form 36): This confirms the truth of the statements made in your application.
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Marriage Certificate: A copy must be submitted to validate your marriage.
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Separation Agreement: If applicable, detailing how you plan to resolve issues like custody and support.
Ensuring that all forms are filled out accurately is essential to avoid delays in the process.
An uncontested divorce in Ontario typically takes about 4 to 6 months.
The duration of an uncontested divorce can vary based on several factors, including court processing times and the complexity of your situation. Generally, if both parties agree on all terms and the application is filed correctly, the process can be completed in approximately four to six months. Delays may occur if additional information is needed or if there are any unforeseen complications.
Separation refers to living apart, while divorce is the legal dissolution of marriage.
Separation occurs when one or both spouses decide to live apart with the intention of not reconciling. It’s a personal decision and can be informal. Divorce, on the other hand, is a formal legal process that officially ends a marriage. To obtain a divorce in Ontario, you must file a legal application in court, demonstrating that the marriage has broken down due to reasons such as separation for one year, adultery, or cruelty. Understanding these distinctions is crucial when considering your options.
Yes, you can file for an uncontested divorce online in Ontario.
In Ontario, it’s possible to apply for an uncontested divorce online. This streamlined process allows couples who agree on all issues—such as child custody, support, and property division—to file their divorce application without having to appear in court. You can complete the required forms on the Ontario court website and submit them electronically. This option makes the process more accessible and less intimidating, especially for those who may be feeling emotionally overwhelmed.

Sarah Bates
Sarah Bates is a Certified Divorce Specialist (CDS), Family Law Clerk, and Intern Family Mediator dedicated to supporting individuals and families through the complexities of separation and divorce. As the owner of SDB Divorce Specialist and an Associate at Divorce the SmartWay, Sarah brings a wealth of experience and a compassionate, client-centered approach to her work.
Credentials
- Certified Divorce Specialist (CDS): Completed specialized training in divorce communication, legal, financial, and emotional issues.
- Family Law Clerk: Experienced in the legal processes and documentation required for family law matters.
- Intern Family Mediator: Actively developing mediation skills to help families resolve disputes amicably and efficiently.
Professional Approach
- Sarah’s mission is to empower clients to achieve their goals while minimizing the emotional and financial impact of divorce.
Her services include:
- Divorce Strategy & Coaching: Helping clients set realistic goals, manage emotions, and treat divorce as a business transaction to achieve the best possible outcome.
- Legal and Practical Guidance: Drawing on her Family Law Clerk background to assist with legal documentation and procedural requirements.
- Mediation Support: As an intern mediator, Sarah facilitates constructive dialogue between parties, aiming for amicable resolutions that prioritize family well-being.
- Resource Navigation: Connecting clients with trusted professionals, including family lawyers, therapists, and financial advisors, to ensure comprehensive support throughout the divorce process.
Client Benefits
- Personalized Support: One-on-one coaching tailored to each client’s unique situation.
- Holistic Guidance: Addressing legal, financial, and emotional aspects of divorce.
- Cost-Effective Solutions: Strategies to reduce the financial burden and stress of separation.
- Empowerment: Tools and knowledge to make informed decisions and move forward confidently.
Commitment
Sarah Bates is recognized for her dedication, professionalism, and empathy. She is committed to helping clients navigate the challenges of divorce with clarity, dignity, and hope for a better future.