Divorce Applications

The Divorce Process in Ontario

In Canada divorce proceedings consist of a multi step process that entails the completion of multiple forms that must be filed with the court on separate occasions. Most often the filing of each form depends upon whether the previous form was accepted by the court clerk or judge. If the form was accepted then the process moves forward and after the specified time interval the subsequent forms can be filed. This process is repetitive until all forms have been successfully accepted and filed by the court.

For a simple and uncontested divorce the way that this process works is that the first set of forms consist of a divorce application that are filed with the court. Upon filing the opposing party must be served and then has up to 30 days to contest the divorce. If the divorce remains uncontested then after the 30 day time interval the subsequent set of forms can be filed with the court which initiate the court clerk or judge to proceed with finalizing the divorce. This process generally takes several weeks but it depends largely on how busy the court is and whether there is a backlog of work that must be completed prior to your divorce being issued. The time frame therefore ranges from several weeks to three or four months depending upon location.

Once the court has issued the divorce the actual divorce takes legal effect in Canada exactly 31 days after the judge had endorsed the divorce certificate, or, in other words, from the date the judge signed and issued the divorce papers. The process can be straight forward but complications sometimes arise when children are involved because the courts like to see that the children are well cared for and that reasonable arrangements have been made for them. If such complications arise the divorce process is stayed until the concerns of the judge have been alleviated.