Procedure for Obtaining an Uncontested Divorce in Ontario
An application for a divorce can be brought in three ways:
- A Simple Application: This application deals only with divorce.
- A General Application: This deals with a request for divorce, and other claims; and
- A Joint Application: This is brought by both spouses jointly which is on consent of both parties.
This article is intended to address the procedure for bringing a Simple Application.
Simple application for divorce is filed in the court in the municipality where you live along with your original marriage certificate and the application fee. Once the Application has been filed, the respondent is served with the copy of the complete application of divorce as has been filed. The respondent has 30 days to review, respond and serve an answer to the applicant.
If no answer is received, then second set of documents are filed with the Court. The second sets of documents are Affidavit of Divorce and Divorce Order alongwith the set down fee.
Your completed file is then sent to a judge to be reviewed. Neither you nor the respondent is required to appear before the judge. If the judge is satisfied with all the materials filed, he or she will grant the Divorce Order. The divorce order is then sent to the applicant or his lawyer and to the respondent.
Obtaining the Certificate of Divorce
The Certificate of Divorce is proof that the divorce has been granted. It is not automatically sent to you or the respondent. It must be requested from the court and an additional fee must be paid. Once the court staff obtains the request, they will check the file to ensure that there has been no appeal of the Order. If everything is clear, the certificate is issued.
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