- What is an Uncontested divorce?
An Uncontested divorce means that you are only asking the Court for a divorce and
nothing else. If you and your spouse do not have any child custody issues, child
and/or spousal support issues, property issues, etc., and all you want is a divorce,
then the Uncontested Divorce Application is what you need.
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- How do your Simple and Joint Divorce Applications
work?
MyOntarioDivorce.com’s Simple and Joint Divorce Applications are not the blank forms
other websites use. We use a question-driven auto-generated form system which automatically
customizes your Application with your personal information at the push of a button-
something you will not find anywhere else.
You simply fill out an online questionnaire and your answers are instantly merged
into your ready-to-file Application which you print along with a comprehensive set
of instructions.
For a sample of how our question-driven auto-generated form system works, click here.
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- What personal documents will I need
in order to get an Uncontested divorce?
You will need either your original marriage certificate or a certified copy issued
by the governmental agency responsible for issuing certifi-cates. Religious certificates
will not be accepted by the Divorce Registry. To order a replacement Ontario marriage
certificate,
click here.
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- How long does the process for an Uncontested
divorce take?
The length of time it takes to get your divorce depends on how long you had been
separated for at the time the Divorce Application was filed. You cannot be divorced
unless you have been living separate and apart for one full calendar year.
The length of time also depends on when you file your Affidavit for Divorce after
you have been separated for a year, how backlogged the Family Court Judges are,
and if the Judge has any questions for you. After the Judge has signed your Divorce
Order, your divorce will be effective 31 days from the date of the Divorce Order.
On average, the process for an Uncontested divorce takes a minimum of 2-3 months.
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- How much are the court’s fees?
Mandatory court fees include:
$167 when the Application for Divorce is filed; and
$280 when the Affidavit for Divorce is filed about 8 weeks later.
Optional court fees include:
$19 per Certificate of Divorce (Note: The Certificate of Divorce is required for
re-marriage).
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- Do I need a lawyer to get a divorce?
No, you do not need a lawyer if all you want is a divorce. However, if you have
any child custody issues, child and/or spousal support issues, property issues,
etc., you would be well-advised to consult with an experienced Family Law Lawyer
to make sure you understand your rights and that they are being fully protected.
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- If I just want a divorce, do I have to go to
court?
If you and your spouse agree to obtain a divorce and there are no claims or issues
that need to be resolved between you as part of the Divorce Application, you will
not need to appear before a Judge unless the Judge has reviewed your divorce forms
and he or she feels they need more information before they grant you a divorce.
Often, however, the Court Office will contact you for this information, so there
will be no need to appear before a Judge.
Typically, you only need to appear before a Judge if you and your spouse dispute
the claims the other is making as part of the Divorce Application and you and your
spouse have not agreed to deal with your claims outside of court by means of a Separation
Agreement or alternate dispute resolution, such as mediation or arbitration.
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- I have just separated from my spouse - can
I start the divorce process now?
Yes, you can file an Application for Divorce before you have been separated from
your spouse for a full year. However, unless your spouse has committed adultery
or cruelty, you cannot file the Affidavit for Divorce until the full year has elapsed
(Note: The Divorce Act requires that you live “separate and apart” for at least
one year - this does not necessarily mean in separate houses. Many people separate,
but stay living in the same houses, usually for economic reasons. However, they
must be essentially living separate lives in the same house. For example, there
is virtually no communication between them, they eat separate meals, occupy separate
bedrooms, etc.).
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- I do not know where my spouse lives. Can
I get a divorce?
A home address is required in order to serve documents on your spouse. First, try
searching www.Canada411.com. If you cannot find his or her address, but know where
your spouse works, your spouse can be served at work. Failing that, a Process Server
can be hired to find your spouse and served the documents. If that does not work,
you will need to obtain an Order from the Court allowing some form of substituted
service, such as serving the documents on a relative or close friend of your spouse.
To get help with that, click here.
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- My spouse lives in another province
or country, can I still use MyOntarioDivorce.com?
As long as one of you is living in Ontario and has been for more than a year, you
can file for divorce in Ontario.
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- Do I need a Separation Agreement in order
to get a divorce?
No, you can use our Simple or Joint Divorce Application without having a signed
Separation Agreement. However, if you have children you will have to sign an Affidavit
along with your Application for divorce confirming that you are paying child support
in accordance with the Child Support Guidelines or in a manner that otherwise benefits
the children equally or better than the Guidelines. After you get your divorce,
you should deal with the remaining issues like custody, access, child support, spousal
support, and property division and equalization with our Separation Agreement.
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- What is a Separation Agreement?
A Separation Agreement is a legal document signed by married or common law spouses
which details the settlement terms and arrange-ments they have reached with respect
to the issues that arise following the breakdown of their relationship. It can deal
with child custody issues, child and/or spousal support issues, property issues,
etc.
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- How does your Separation Agreement work?
MyOntarioDivorce.com’s Separation Agreement is completed using our question-driven
auto-generated form system which automatically customizes your Separation Agreement
with your personal information at the push of a button- something you will not find
anywhere else.
You simply fill out an online questionnaire and your answers are instantly merged
into a printable Separation Agreement that can be reviewed by one of our affiliated
lawyers for a modest additional investment to make sure you have covered all the
bases and understand what you are signing.
For a sample of how our question-driven auto-generated form system works, click here.
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- What personal documents will I need in order
to complete a Separation Agreement?
Some of the personal documents you’ll need include:
- Proof of income (such as a pay stub)
- Last 3 years Income Tax Returns and
Notices of Assessment
- Credit Card Statement/Bank Statement on Date of Separation/Date
of Marriage/Present Date
- Documents verifying value of Assets/Liabilities on
Date of Separation/Date of Marriage/Present Date
- List of Monthly Expenses
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- Do I need a lawyer to complete a Separation
Agreement?
Yes, you must ensure your Separation Agreement is legally binding and will be upheld
in Court by obtaining Independent Legal Advice. This service can be purchased and
arranged through MyOntarioDivorce.com. An experienced Family Law Lawyer affiliated
with Berman Barristers Law Firm will review the Agreement you created using this
site before you sign it. The Lawyer will sign a Certificate of Independent Legal
Advice certifying that they have explained the legal consequences of the Agreement
to you, that you understand it, and that you’re signing it voluntarily.
(Note: Your spouse must obtain Independent Legal Advice from a separate Family Law
Lawyer which can be arranged by Berman Barristers upon request).
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- What is your “Ask Our Lawyers” service? And, how does
it work?
If you have a burning legal question, our Ask Our Lawyers service is where you get
the answer. Ask Our Lawyers uses a straightforward pay-per- question model. You
pay $49 if you wish an answer to a single question. Lawyers typically respond within
24 hours either with questions they need answered by you or with an answer. Once
you receive an answer from the Lawyer assigned to your question, you have the opportunity
to ask follow-up questions where needed.
Ask Our Lawyers takes client satisfaction seriously. If you are not satisfied with
your answer on Ask Our Lawyers for any reason, you have the opportunity to speak
to a Customer Service Representative to discuss your concern. Satisfaction is guaranteed
or your money back.
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- What customer support do you offer?
MyOntarioDivorce.com is proud of its customer support team and service.
Note: Our Customer Service Representatives cannot answer legal questions. If you
have a legal question, you may ask it using the Ask Our Lawyers service provided
on our site.
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- Can I really do this online with confidence
that it will be done right even without a lawyer?
There are several reasons for you to feel confident about using our online services:
i) MyOntarioDivorce.com is powered by Berman Barristers. Its founder, Robert Berman
B.C.L, LL.B, is principal of Berman Barristers and has been practicing Family Law
in Ontario for over 30 years. To visit the Berman Barristers website, click here.
ii) Check out our Testimonials, click here.
We can assure you that the testimonials contained on MyOntarioDivorce.com are legitimate
from some of our satisfied customers.
iii) MyOntarioDivorce.com processes payments through BeanStream, which is a well-respected
electronic payment processor who links customers, merchants, and financial institutions
to facilitate electronic transactions. To verify that MyOntarioDivorce.com is a
BeanStream verified merchant, click here.
iv) MyOntarioDivorce.com resides on a secure site (SSL). If you use Internet Explorer
as your browser you will see a closed padlock icon in the top right-hand corner
of the page. If you use Firefox as your browser you will see a closed padlock icon
in the bottom right-hand corner of the page.
There is also a McAfee Secure icon at the bottom of every one of MyOntarioDivorce.com’s
pages. McAfee is the largest dedicated security company in the world and scans our
website daily for thousands of hacker vulnerabilities.
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