How to File for a Divorce in Ontario
Learning how to file for a divorce in Ontario and deciding to file for divorce are not decisions that is should be made lightly. Emotions are high and feelings of loss are present, and often times there are many emotional factors at play. From the consideration of separate living arrangements to the consideration of children and property, the move to file a divorce can be daunting. The breakdown of a marriage poses personal conflict and it can also present financial challenges. Filing for divorce requires attention to the impending changes in your life, along with the changes to your child’s life and close relatives who are heavily involved with caring for your child.
Depending on a number of factors, filing for divorce can be simple or complex.
Filing for divorce usually takes the following form:
- Prior to filing for divorce, it is recommended that you seek legal counsel from a qualified family lawyer. Tailor Law prides itself in providing services focused on family law.
- In determining that divorce is right for you, you should first determine whether you are legally able to file for divorce. You may file for divorce in any one of the following situations:
- 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 was unfaithful to you, OR
- Your spouse treated you cruelly (cruelty can include physical or verbal cruelty)
- If your situation falls in one of the categories above, you would be eligible to file for divorce.
- The third step in filing for a divorce involves the consideration of who will stay in the family home, how children and pets will be cared for, whether financial support from one spouse to another will be requested, and the division of property and money.
- Following the consideration of the above, and a finalized plan of such considerations, your next step involves filing divorce papers with the court and serving those papers to your spouse. As the process described above is general in nature, it is best to consult with experienced lawyers. Contact Tailor Law now for a free consultation.
Contested vs. Uncontested Divorce
A contested divorce occurs when parties to a divorce cannot agree on the terms of the divorce. A contested divorce can lead to bitter feelings, animosity and distrust of the other party if these feelings are not already present given the nature of the separation. Contested divorces can cause additional stress, given the time and cost required to settle such disputes. However, if both parties cannot agree amicably to the terms of divorce, contested divorce is necessary. We are here to help you navigate the process and advocate on your behalf during this difficult time.
The issues that usually spar contested divorces are the division of property and debt, parenting time, spousal support, and finances. A contested divorce should not be confused with two parties disagreeing on whether the divorce should proceed or not. A contested divorce simply means that one party disagrees with the other party in regards to a family issue. A divorce still proceeds even if it is contested.
A contested divorce is usually discussed at a hearing prior to trial. If the parties cannot agree to the terms of the divorce, or if they do not agree on other issues, the divorce can proceed to trial. Generally speaking, most contested divorces are settled prior to trial due to the fact that trial is not cheap and is also not ideal from a timing perspective. While most contested divorces are settled prior to trial, Tailor Law is prepared to defend your case if trial is needed. By putting your best case forward, your best interests will be protected. Contact us now for a free consultation.
An Uncontested divorce is a divorce in which the parties agree on how to handle parenting, support, financial matters, and debt issues.