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 to a divorce agree on all issues presented in the divorce. A contested divorce occurs when the parties to a divorce do not agree on all of the issues. A family court action, whether a divorce is included or not, is commenced by filing with the court and service a document called an Application on your wife or partner. This is only the first step, whether contested or uncontested, a divorce can be a long and expensive process that you should be certain of before you begin. From court fees to legal fees to additional household expenses and child support (if applicable), the cost of a divorce can cost anywhere from $1500 and upwards. Tailor Law offers a free phone 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.
While you don’t have to hire a family law lawyer to file for divorce, whether it is contested or uncontested, it is recommended that you retain a lawyer, especially if you require guidance on parenting issues, child support, spousal support, marital finances, property and debt. Fathers wanting to start the divorce process want the best lawyers available. Tailor Law works with 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. We have offices in Mississauga, Toronto and Oakville to ensure that our clients have access to legal representation.
At Tailor Law, our law firm is committed to providing you with the personal attention you need during your divorce. We advocate 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.