Types of Divorce Applications in Ontario
Three types of Divorce Applications in Ontario.
1. Simple Divorce (Uncontested Divorce)
2. Joint Divorce (Uncontested Divorce)
3. Divorce with other relief. (Contested Divorce)
SIMPLE DIVORCE
Simple Divorce is filed by one of the spouses who serve the Application on the other spouse. The spouse who files and serves the Application is referred to as the Applicant and the Spouse who receives the Application is referred to as the respondent to Application. The Respondent is expected to file an answer at the court within the prescribed time, if no answer is filed with the court of justice then the court will proceed with the Application and issue an order. Important to note that in a Simple Divorce, the only relief Claimed from the Court is Divorce only. You would need to file form 8A of the Family Court Ontario Court Forms which can be downloaded from the Ontario Court Forms Website.
Therefore, a simple divorce recommended where no other relief is claimed by the parties filing the Divorce in Ontario. Simple Divorce in Ontario is cost effective and expeditious. If you were to retain a Divorce Lawyer Toronto he or she will ensure that your Simple Divorce Application is filed in court within time and you do not have to make any court appearance. Your Lawyer will attend and respond to any questions the Judge may have pertaining to your Application.
JOINT DIVORCE
Joint Divorce in Ontario is filed when both spouses submit a joint divorce application in court. In a Joint Divorce in Ontario, the parties do not have to serve the documents on the other spouse since both spouses are Joint Applicants. A Joint divorce is cost-effective since both parties will be sharing court costs and it is expeditious since the step to serve the other party is skipped.
Joint divorce is suitable where are able to come to an agreement on all issues such as child custody, support, and equalization of property. It is recommended for a Joint Divorce in Ontario that parties should file a Separation Agreement along with the Joint Application. For Joint Application, the parties can use form 8A form the Ontario Court forms website.
DIVORCE WITH OTHER RELIEF
If the parties are at dispute as to other relief such as Child Custody, Support or Division of Property then it is treated as a contested Matter the Divorce application form used for this type of Divorce is Form 8 General, This form can be downloaded from Ontario Court Forms website.
A divorce with corollary relief is appropriate where the spouses are unable to agree upon any of the issues such as child support or Child Custody, Spousal Support or Division of property. The Divorce with other relief costly and time-consuming. It could cost between $5000 to $6000 for a simple matter to be resolved, whereas for more complex matters the Divorce with other relief costs could go up to $8,000 to $25,000.
Grounds for Divorce in Canada
As per the Divorce Act, there are three Grounds for Divorce
1. Separation for a minimum of one year at the time of Divorce Hearing
2. Adultery
3. Cruelty
Divorce can be rejected in any one of the Following Situations
- Not Adequate Child Support Provisions (The Most Common reason for the Judge to Reject an Application).
- Connivance.
- Collusion.
- Condonation
It is always a wise idea to retain one of the Best Divorce Lawyer Toronto to ensure that your Application is properly drafted and filed in accordance with the Family Laws. Shaikh Law Firm, Divorce Lawyer Toronto is known to be one of the leading Law Firms dealing in Family Laws.