In Ontario Divorce Law, couples who wish to end their marriage can choose to pursue a joint divorce, which is a collaborative and less contentious way to dissolve a marriage. Joint divorce is a form of uncontested divorce, where both parties work together to agree on the terms of their divorce without the need for a trial. In this article, we will explain what a joint divorce is, how it works in Ontario, and what you should consider before choosing a joint divorce.
What is a joint divorce in Ontario?
A joint divorce is a process where both parties work together to agree on the terms of their divorce, including issues related to child custody (Decision-making Responsibility) , spousal support, and property division. The goal of a joint divorce is to reach an amicable resolution that is in the best interests of both parties and any children they have together.
Who is eligible for a joint divorce in Ontario?
To be eligible for a joint divorce in Ontario, both parties must agree to the divorce and must be able to work together to resolve any outstanding issues related to their marriage. Additionally, the parties must agree on the terms of their divorce, including issues related to child custody, support, and property division.
What are the benefits of a joint divorce?
One of the main benefits of a joint divorce is that it is generally faster, less expensive, and less contentious than going through a trial. Additionally, the parties have more control over the terms of their divorce, which can help them avoid the acrimony that often comes with contested divorce proceedings.
How does a joint divorce work in Ontario?
In a joint divorce, the parties first need to complete and file a joint application for divorce. The application includes information about the parties’ marriage, separation, and any children they have together. Once the application is filed, the parties must wait for 31 days before the divorce can be finalized.
During this waiting period, the parties work together to negotiate and agree on the terms of their divorce. If the parties are unable to reach an agreement, they may need to seek the assistance of a mediator or arbitrator to help them resolve their issues.
Once the parties have agreed on the terms of their divorce, they must complete and file a number of other documents, including a divorce order, which sets out the terms of the divorce, and a registration of divorce proceedings, which is sent to the central registry of divorce proceedings in Ottawa.
What happens after a joint divorce is granted?
Once a joint divorce is granted, the parties are legally divorced and free to remarry. If the parties have children together, they will need to have a parenting plan in place that sets out the terms of their ongoing parenting relationship. Additionally, the parties may need to update their wills, insurance policies, and other legal documents to reflect their new status as divorced individuals.
In conclusion, a joint divorce can be a collaborative and less contentious way for eligible couples in Ontario to end their marriage. It is important to carefully consider your options and seek legal advice before proceeding with a divorce to ensure that your rights and interests are protected.
