How to File for Divorce
Filing for a divorce in Ontario can follow several different paths, depending on whether the divorce is uncontested or contested. An uncontested divorce is a divorce in which the parties agree about all issues presented in the divorce. A contested divorce occurs when the parties to a divorce do not agree on all of the issues. An uncontested divorce is cheaper and quicker than a contested divorce, but it can still be costly depending on the circumstances. From court fees to legal fees to additional household expenses and child support (if applicable), the cost of a divorce can be anywhere from $1500 upwards. Tailor Law offers a free consultation in order for you to assess what options are suitable for you.
If you feel that there is no longer a path to reconciliation between you and your spouse and you meet the following criteria, you may file for divorce:
- If you have been separated for at least one (1) year and there is no chance of reconciliation between you and your spouse, OR
- Your spouse has cheated on you, OR
- Your spouse has treated you cruelly. Cruelty includes verbal or physical cruelty.
As the last two criteria require proof submitted in court, most couples usually wait out the one year separation period in order to meet the criteria for divorce.
As the last two criteria require proof submitted in court, most couples usually wait out the one year separation period in order to meet the criteria for divorce.
The first step in filing for a divorce is to file your divorce documents at a court registry, once you have determined that you are eligible to file for divorce. Once you have filed your documents with the court, you serve your divorce document to your spouse and wait for a response. The Form that is used to file a divorce is known as an Application for Divorce (also known as Form 8A).
A response must be received within 30 days of serving your application to your spouse. Dependant on the response from your spouse, divorce proceedings are then initiated accordingly.
The Divorce Process in Ontario
The divorce process can be a complex one, particularly when the divorce is contested. From submitting court documents with respect to your marriage to drafting a separation agreement, knowing how to navigate a family law court is paramount to being successful in your case. Top lawyers are experienced in making the correct applications and submissions in court. As Tailor Law team members are trusted lawyers with a focus on family law, we make it our priority to know your case inside and out.
While you don’t have to hire a family law lawyer to file for divorce, it is recommended that you retain a lawyer whether it is contested or uncontested. This is especially true if you require guidance on parenting issues, child support, spousal support, marital finances, property or debt. Fathers wanting to start the divorce process require the best lawyers available. Tailor Law works with these fathers to ensure the divorce process is handled smoothly.
During the divorce process, there is a lot at stake. From the division of property, support obligations, to child custody and child access, it can be a mentally draining ordeal. Our lawyers are experienced in the subtleties and complexities of family law and believe that you do not need to navigate your divorce alone.
Whether you reach an agreement with your spouse on the terms of divorce will be a factor in determining your best course of action. At Tailor Law, our law firm is committed to providing you with the personal attention you need during your divorce. We advocate for, and defend the rights of men in family and matrimonial disputes. If you are seeking a divorce it is important to know your rights as a partner, parent, and provider.
Child Custody
Many fathers feel as if their needs or rights are unsupported when it comes to fighting for custody of a child or children. The situation can be stressful for men entering into a custody dispute. Fathers typically want the same rights as mothers when it comes to child custody and support. It is important for you and your children to have the regular contact with them that their best interests require. A lawyer can help you prepare a parenting plan, custody and/or access schedule, get an order for joint or sole custody of your child, and can act as a buffer between you and your spouse.
Support Obligations
Depending on your case, you may be required to provide child and/or spousal support. Alternatively, you may be entitled to support. There are a number of factors to determine the extent of your support obligations. A child support lawyer can assess what a reasonable amount of child or spousal support should look like in your situation.
Child support payments are payments made from one party to the other in relation to the maintenance and upkeep of children following separation or divorce. Payments are based on the gross income and financial circumstances of the parents. Each parent is responsible for the financial maintenance of the child, and child support is usually paid until the children turn 18 years of age.
While supporting your child is one of your utmost concerns, you may believe that funds paid to your spouse for child support may be used improperly. Not knowing how child support payments are used is a valid cause for concern shared by many fathers. Tailor Law works with you to ensure that transparency is present at all stages of your divorce. To learn more about child support, visit our child support page using the link in the blue box in the upper right corner of this page.
Division of Property
Marriage is viewed as an economic partnership and it is common for property to be divided equally among spouses upon the breakdown of marriage. This process requires you to disclose your financial information. Disclosure allows the court to assess the amount to be equalized between you and your spouse, prompting possible support obligations. Your lawyer can help you prepare and present your financial picture and scrutinize your spouse’s financial situation. Ultimately, the value of your property will determine how you and your spouse’s net family property will be divided and allocated.
Fathers’ Rights and Lawyers for Men
Our law firm is dedicated to protecting your interests and are a staunch advocates for men. We believe in equal rights between spouses and understand the stigma that men face in family proceedings. Our team of professionals are on your side and will guide you every step of the way. With our experience and knowledge, we will advise you on the best possible course of action and provide you with personal, reliable, and effective legal representation. Let our lawyers help ease the transition to your new chapter in life.
If you are a father who does not live near a family law courthouse, the Attorney General’s website for Ontario may be able to assist you with research on how to respond to a contested divorce or child support issue. Tailor Law will provide representation and nuanced support in court following the signing of a retainer. Call Tailor Law now for a free consultation. We serve clients in Mississauga, North York, Oakville, and throughout the GTA.
