Our Mississauga family and divorce lawyers will process your entire divorce from beginning to end. A simple divorce is a request for a divorce only, with no other claims such as child custody or access, division of property or child/spousal support.
In an uncontested divorce, both parties are usually in agreement when it comes to matters such as custody, access, and support. It can be prepared either by one spouse alone (sole application) or by both spouses (joint application). An uncontested divorce is quicker, much less complicated and a lot less of a financial burden than a contested divorce. If you are unsure whether to proceed with a contested or uncontested divorce, contact our Mississauga office to book your free consultation.
At Divorce Fast we will assess your case and provide you with information on what course of action should be taken and how you should proceed.
Joint Divorce in Ontario
A joint application for divorce is a request that is made by both spouses for a divorce order, with or without other terms, such as claims for child / spousal support or property / exclusive possession. With a joint application, both spouses must complete the documents that are necessary in order to obtain the divorce. There are no further steps such as one spouse serving the other, as both spouses are jointly filing for the divorce.
Steps to Filing a Joint Application for Divorce in Mississauga
What is a Joint Application for Divorce?
A Joint Divorce Application is jointly brought by both spouses, which means both spouses are consenting to the divorce. A Joint Divorce Application may deal with divorce only, or it may also contain provisions for child support claims or spousal support claims, however both spouses must consent to the claim(s).
What and When does ‘Separation’ Occur?
Like a Simple Divorce Application (sole), the divorce process for a Joint Divorce Application can only begin once the parties have been separated for at least one year. ‘Separation’ does not require the spouses to live separate and apart - both spouses may remain living in the same residence and still be considered separated. The separation date is considered the date both spouses decided to divorce.
Where do the Proceedings Take Place?
Another crucial element to the divorce process, is bringing the application for divorce in the correct court. In Ontario, this should be the Ontario Family Court of the Superior Court of Justice, in the municipality where one of the spouses has resided for at least one year (the municipality of either spouse is fine), or the municipality where the children reside if custody or access is being sought.
Is a Marriage Certificate Required When Starting the Divorce Process?
Ensure you have access to your marriage certificate at the time of issuing the application for divorce. If you do not have a marriage certificate, one can be obtained from the government of the province in which you were married. In Ontario, a marriage certificate can be obtained from the Office of the Registrar General, in Thunder Bay who can be reached at 1-800-461-2156.
What Documents are Required?
The documents that joint applicants will need to complete are the following:
- Divorce Application – Form 8A
- Registration of Divorce Proceeding Form
- Affidavit for Divorce (Form 36)
- Divorce Order (Form 25A)
What Additional Documents are Required for Support Claims?
If both spouses have agreed upon support claims, the following documents are required:
- If a claim for support is being made ONLY, and no claim for property or exclusive possession of the matrimonial home/contents is being made, both spouses will need: Financial Statement (Property and Support Claims) – (Form 13.1)
- If a claim for property or exclusive possession of the matrimonial home/contents is being made, whether or not a claim for support is also being made, both spouses will need: Financial Statement (Property and Support Claims) – (Form 13.1)
- If it is impractical or difficult to obtain your income tax returns and notice of assessments for the past 3 years, both spouses will need: Direction to Canada Customs and Revenue Agency – (Form 13A)
- Support Deduction Order Information Form – (Form SDOIF)
- Support Deduction Order (SDO)
- If a claim in relation to property is being made, you need: A Net Family Property Statement – (Form 13B)
- If you have had previous family court files you need: A Summary of Court Cases – (Form 8E)
How Long Until the Divorce is Finalized?
In order for the divorce application to be set down so that the court may grant a divorce, a Registration of Divorce Proceeding form (Form 5b) must be filled out and sent to the Federal Department of Justice to determine if any other divorce applications have been registered by the parties.
Once it is determined that no other applications for divorce are pending between the parties, the Central Registry of Divorce Proceedings will issue a Clearance Certificate. It usually takes between 8 – 10 weeks for the Clearance Certificate to be issued.
It is very important to note that without a Clearance Certificate, your application is incomplete, and a divorce cannot be granted until the Clearance Certificate has been received by the court. It is also very important to note that it is the applicants’ responsibility to contact the court to inquire whether the court has received the Clearance Certificate, the court will not contact you.
Receiving a Court File Number
Upon receipt of the Clearance Certificate, the applicants can proceed with filing the remaining forms. The court will provide a Court File Number, which will be the same for all the forms, and will need to be noted on the top right corner of every page of all forms that make up the Divorce Application.
Once the Divorce Application is submitted, it will be reviewed by a judge who will grant a Divorce Order which will be mailed to your home. This process usually takes 4 – 6 weeks, so it is a good idea to get started on the Divorce Application early. In certain situations, the judge may require more information before granting the Divorce Order. If this is the case, you will be contacted by the court in which the Divorce Application was submitted.
Finally, once the Divorce Order is granted, you must wait 31 days from the date of the Divorce Order to apply for a Certificate of Divorce (Form 36B). The date the Divorce Order was granted will be stamped on the first page. The Certificate of Divorce can be applied for, in person, at the court where the Divorce Application was submitted.
Please note that the Certificate of Divorce is the only document which can be used as proof that your divorce has been granted. A Divorce Order will not suffice. Please view our fees and feel free to contact us for help.
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