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What Is a Simple Divorce and How Does It Work in Ontario?

In Ontario, couples who wish to end their marriage can choose to go through a simple divorce process, which is a more streamlined and cost-effective way to end a marriage without the need for a trial. A simple divorce is available to couples who meet certain criteria, and the process can be completed with minimal involvement from a judge. In this article, we will explain what a simple divorce is, how it works in Ontario, and what you should consider before choosing a simple divorce.

What is a simple divorce in Ontario?

A simple divorce is a type of divorce that is available to couples who have been separated for at least one year and meet other eligibility criteria. It is a more straightforward and cost-effective way to end a marriage without the need for a trial. In a simple divorce, the parties agree on the terms of their divorce, including issues related to child custody (Decision-making responsibility), support, and property division.

Who is eligible for a simple divorce in Ontario?

In Divorce Law Act, to be eligible for a simple divorce in Ontario, the parties must have been separated for at least one year, and there must be no ongoing disputes about issues such as child custody, support, or property division. Additionally, both parties must be willing to sign the necessary documents to initiate the divorce process.

What are the benefits of a simple divorce?

One of the main benefits of a simple divorce is that it is generally faster and less expensive 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 simple divorce work in Ontario?

In a simple divorce, the parties first need to 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.

After the waiting period, the parties 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 are the costs of a simple divorce in Ontario?

The cost of a simple divorce in Ontario varies depending on the complexity of the issues involved and whether or not the parties choose to hire a lawyer. The court fees for a simple divorce are currently $632, but additional fees may apply if the parties need to serve documents on each other or if they require additional legal services.

What happens after a simple divorce is granted?

Once a simple 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 simple divorce can be a straightforward and cost-effective 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.