In Ontario, nearly 40% of marriages end in divorce, but not every couple has to go through the hassle and expense of hiring a lawyer. If you and your spouse agree on the terms of your divorce, you can save thousands of dollars by doing your divorce application without a lawyer. Sounds good? You’re not alone—more and more Ontarians are choosing to go DIY with their divorce applications.
In this guide, we’ll show you how to do your divorce application without a lawyer in Ontario. Whether you want to avoid the legal fees or just speed up the process, this step-by-step guide will empower you to take control of your divorce with confidence. By the end, you’ll have everything you need to move forward without the added stress of going to court.
Filing for a divorce in Ontario doesn’t always require a lawyer. If both you and your spouse agree on the terms, an uncontested divorce is the simplest and most affordable option. By doing your application without a lawyer, you can save time and money and still follow the process. In this guide, we’ll break down everything you need to know about doing your divorce application on your own, without the legal fees.
Uncontested Divorce Process in Ontario
In Ontario, an uncontested divorce is the easiest option when both parties agree. It means you and your spouse are on the same page on big issues like property division, child custody and spousal support.
Why an Uncontested Divorce is the Best Option?
An uncontested divorce is less stressful and far cheaper than a contested one. In a contested divorce, disagreements on any major issues can lead to long and drawn-out court battles. But with an uncontested divorce, the process is streamlined, less court appearances and lower costs. It’s ideal for couples who are seeking an amicable separation and want to avoid more financial stress.
Why You Don’t Need a Lawyer for This
If you and your spouse agree on all major aspects of the divorce, a lawyer becomes less necessary. Filing for an uncontested divorce mainly involves paperwork that can be done without a lawyer. Ontario has made the process available for individuals to do on their own, with downloadable forms and step-by-step guides to ensure everything is in order.
Forms You’ll Need to File for Divorce Application Filing for a divorce in Ontario requires specific forms. These documents are crucial to ensure your divorce goes through the system without delays or rejections.
Forms to File for Divorce
Here are the key forms you’ll need:
- Form 8A: Application for divorce.
- Form 36: Affidavit for divorce (used to confirm all conditions for divorce have been met).
- Form 25A: Divorce Order (to finalize the divorce).
Each form has sections that require info about your marriage, separation, children (if applicable), and financials. Make sure you fill out these forms accurately.
Where to Get and Download the Forms
You can get all the required divorce forms on the Ontario Court Forms website. They are free and you can download, print and fill out at your own pace. Read through the instructions attached to each form to ensure everything is filled out correctly.
Step-by-Step Guide to Filing a Divorce Application Without a Lawyer
Filing for a divorce on your own may seem daunting at first but it’s easier than you think. Here’s a simple step-by-step guide to help you through.
Filling Out Your Divorce Forms Correctly
Accuracy is key when filling out your divorce forms. Double check all personal info such as your legal names, marriage date and terms of separation. Even small errors can delay the process. Take your time to go over each section especially when it comes to any agreements on children or property division.
Avoiding Mistakes When Filing Without a Lawyer
Mistakes can cause delays or rejection of your application. Common mistakes include not signing in the right places, outdated information or missing documents. Before you submit, go over a checklist to ensure everything is filled out properly and all forms are included. It’s also a good idea to have someone else review the forms with you for a second set of eyes.
How Much to File a Divorce Application Without a Lawyer?
One of the main reasons people file for a divorce application without a lawyer is to save money. The cost difference can be significant especially for an uncontested divorce.
The Affordable Path of Uncontested DivorceIn Ontario, an uncontested divorce will cost you around $632 in court fees. That’s a lot lower than a contested divorce where lawyer fees and extra court costs can add up quickly. Without lawyer fees, your only major expense will be the court filing fees.
Lawyer Fees vs. DIY Filing
Hiring a lawyer for a contested divorce in Ontario can cost anywhere from $5,000 to $25,000 depending on the complexity of the case. By filing on your own, you avoid those costs and keep it simple. DIY divorce filing is perfect for those who want to be in control of the process while minimizing expenses.
Where to File Your Divorce Application in Ontario
Once you have your forms complete, you’ll need to file them with the court. In Ontario, you have several options to submit your documents.
Online and In-Person Filing Options
You can submit your divorce application online or in person at your local courthouse. For online submissions, the Ontario Court’s online portal allows you to upload your completed forms and pay the filing fees electronically. This is convenient and can save time especially if you don’t want to go to a courthouse in person.
If you choose to file in person, go to the Family Court at the Ontario Superior Court of Justice and submit your documents and pay the required fees.
How Long to Get Your Divorce Finalized?
The time frame for finalizing a divorce varies depending on the court’s workload and the accuracy of your submitted forms. Typically, uncontested divorces in Ontario take around four to six months from the time of filing to receive your final divorce order. Filing online can speed up the process slightly as it eliminates some of the paperwork delays.
Speed up the Divorce Process Without a Lawyer
Even though uncontested divorces are faster than contested ones, there are still ways to make the process move as fast as possible.
Tips to Make the Filing Process Faster
- Fill out forms correctly: Double check all forms before submitting to avoid delays.
- Use the online portal: Submitting documents online can reduce waiting times compared to in-person submissions.
- Follow up with the court: Stay in touch with the courthouse to track the progress of your application.
How to Avoid Delays in Your Divorce ApplicationIncomplete forms or missing documents are the top causes of delays in the divorce process. Make sure all required documents are included and signed before submitting. Keep track of deadlines and respond to any court requests for more information or corrections.
Can You Get Help Without a Lawyer?
While filing for divorce without a lawyer is straightforward, you may need guidance sometimes. A Certified Divorce Specialist (CDS) can help you without the high fees of a lawyer.
What’s the Role of a Certified Divorce Specialist (CDS) in the Process?
A CDS can review your documents, ensure everything is in order and guide you on tricky areas without stepping into legal territory. They are experts in the divorce process and can give you peace of mind if you’re unsure about certain sections of your application.
When to Get Professional Help Without Legal Fees?
If you’re feeling overwhelmed or unsure about any part of the divorce process, working with a CDS can be a good option. They can help you at a fraction of the cost of a lawyer and ensure your application is filed correctly the first time.
Final Checklist Before Submitting Your Divorce Application
Before submitting your divorce application, go over a final checklist to make sure everything is in order.
Review Your Application for Accuracy and Completeness
- Double check personal details: Make sure names, dates and addresses are correct.
- Verify all forms are signed: Ensure all required forms are signed by both parties.
- Include all necessary documents: Check all forms including affidavits are attached.
What to Expect After Submission
Once you’ve submitted your application, you’ll receive a notice from the court. If everything is okay, your divorce will proceed and you’ll be informed of the final steps including the issuance of the divorce order. From there, your divorce will be finalized within a few months.
Conclusion
Filing for divorce without a lawyer in Ontario is a practical and cost-effective option for many couples. By understanding the uncontested divorce process, filling out the required forms correctly and submitting them properly, you can do it on your own. And with the option of getting help from a Certified Divorce Specialist when needed, you can be confident in moving forward with your divorce.