Divorce is something that holds a lot of negative emotions in it already and then, when the time comes to, legally, file for it, it becomes more dreadful. In Ontario, filing for a divorce is not an easy game. The process will involve a lot of paperwork, court appearances and paperwork. Instead of wondering, ‘how long does it take to get a divorce in Ontario?’, you can read this blog and find out!
Do I have to be separated before getting a divorce in Canada?
The answer to this question largely depends on your situation. If your case entails adultery or cruelty, then it might be possible for you to get a divorce immediately. But realistically, those two claims can get challenging to prove in court. On the other hand, if you want a divorce because the love in your relationship has dissipated then there is a requirement of 1 year separation period.
If I live in the same house as my spouse, will I still be considered separated?
Yes, there are situations where couples are living under one roof but separately, with no hopes of reconciliation. That will also be noted as the separation period for the purposes of the Divorce Act. Please note that there must be physical separation, as in there must be withdrawal of matrimonial obligation from both partners.
How can I protect me and my children during my divorce?
Again, as mentioned above, your situation will determine what path you should take. The first and most important thing that one should do is consult a family lawyer.
You can easily get a restraining order if your spouse has been domestically abusing your kids and you. Additionally, you can submit an urgent application to gain the interim custody of the children. This may also mean that you and your children will receive interim support as well. However, if you are dependent spouse then an exclusive possession of matrimonial home might also be in the cards.
We are saying ‘might’ because the exclusive possession of home can only be granted in exceptional situations. The court will determine this in the case of absolute necessity, or they feel reluctant to throw an individual out of their home. This fact remains consistent with Family Law Act, under s.24(3). The following given criterion is usually considered for these types of cases.
- The best interests of the children affected;
- Any existing orders relating to family property and any existing support orders;
- The financial position of both spouses;
- Any written agreement between the parties;
- The availability of other suitable and affordable accommodation; and
- Any violence committed by a spouse against the other spouse or the children.
If you and your children are not in any danger of abuse or violence, gather and make copies of any documents related to your financial situation. This is very important because there may be issues of property division, support, and custody. Plan on initiating the separation of assets.
This may mean removing money from a joint bank account or withdrawing your name from the title of property co-owned with a spouse. If you are worried that your spouse is going to irresponsibly deplete their assets to bring down their net family property then you can take certain legal steps to avoid that.
What is a Contested and Uncontested Divorce?
A no-fault uncontested divorce exists when the spouses concur on all significant issues: what their property division and child custody and support will look like. It is usually quicker, cheaper, and less stressful since a person does not have to undergo a lengthy court process.
A contested divorce is a form where couples cannot come to terms with one or several critical issues. An intervention by the court is a must in this respect, and hence, the process becomes long, quite complicated, and incredibly expensive. The court decides on disputable matters, and usually, the process consumes multiple hearings and a trial.
How much a Divorce will Cost me?
Divorce costs in Ontario can vary significantly based on various factors. Here’s a comprehensive breakdown of to give you a clear picture:
P.S. – This is Government Fees structure, therefore if you hire personalised legal support, then the costs will vary.
Basic Court Fees in Ontario
- Total: $583.70
- Filing an Application of Divorce: $157
- Search Registry Fee: $10
- Process Server Fee: $64.20
- Motion for Judgment Fee: $280
- Court Clerk Fee (for Filing Attendances): $53.50
- Final Certificate of Divorce (Optional): $19.00
Other Potential Costs
- Uncontested Divorce: Typically, less expensive, with average costs around $1,353. These cases conclude quickly if both spouses agree on terms like custody and property division.
- Contested Divorce: More expensive, with average costs around $12,875. If the case goes to court, expenses can exceed $50,000 due to extensive legal representation, mediation, and potential expert testimony.
Lawyer Fees
- Hourly Rates: Vary depending on the lawyer’s experience and specialization. Some charge flat rates for specific services.
- Retainers: Initial deposits to secure legal services, often ranging from $1,500 to $5,000 or more.
- Flat Fees: Some lawyers offer flat rates for uncontested divorces.
Factors Influencing Costs
- Type of Divorce: Contested vs. Uncontested.
- Duration: The longer the process, the higher the fees.
- Children: Custody and support issues add complexity and cost.
- Assets and Debts: Significant assets or complex financial situations can increase costs due to the need for valuations and expert analysis.
Additional Considerations
- Fee Waivers: Available for those with financial difficulties, covering basic court fees but not additional expenses like transcripts or expert fees.
- Long-Term Financial Impact: In some cases, avoiding conflict and opting for an uncontested divorce might save on immediate costs but could result in less favorable financial settlements long-term.
- Child Custody and Support: Legal disputes over these issues can add to the costs.
- Division of Assets: More assets typically mean higher legal fees.
Example Costs in Ontario – Mediation costs range from $3,000 to $7,000, while court litigation can skyrocket, with complex cases exceeding $50,000.
To understand the specific costs associated with your situation, it’s important to consult with a family lawyer in Ontario. They can provide a detailed estimate based on your unique circumstances and help you navigate the process efficiently. Family lawyers at Nanda & Associate Lawyers can provide you with personalized guidance. We have also been awarded as the ‘Top Choice Family Law Firm’ in 2024 and for eight consecutive years before that.
Call for a free consultation now! Dial – 905-405-0199
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