Divorce Residency Essentials to Get Divorce in Ontario
In Ontario, your DIY divorce forms can be filed in any province or territory where either spouse has lived during the prior year. If neither spouse has lived in Ontario for a year, you will need to wait until at least one of you has lived there for a full year. One exception is if the marriage was performed in Ontario and your province doesn’t recognize your marriage as valid (i.e., same-sex marriage). In this case, you may be divorced in Ontario without being a resident.
What Are the Rules Governing Divorce in Ontario?
Canada’s Divorce Act regulates divorce in Ontario. As such, you’ll have to prove that your marriage has broken down. The laws state that a breakdown in marriage has occurred if:
You and your spouse have lived separately for at least one year with the notion that the marriage is over
Your spouse has committed adultery
Your spouse has been cruel to you (committed physical or mental acts of cruelty)
Most divorces in Canada are based on the “one year of separation” notion. Separate and apart doesn’t necessarily mean different homes. A couple can share a home but still be considered separated for various reasons.
Uncontested Divorce Service
OnlineDivorceSolutions.com can be used in uncontested divorces. This means that both parties agree to the terms of the divorce. If there are disagreements about dividing property, child support or other related issues, and the court needs to deal with the disagreements; this service is not the correct option. If you choose to use OnlineDivorceSolutions.com and your spouse contests the divorce or makes claims, our services will end. You will need to continue on your own or hire a lawyer.
Legal Basis for Divorce In Ontario
When using OnlineDivorceSolutions.com for your divorce, it must be based on one year of separation, adultery or cruelty. If you are utilizing one of the latter two options, you must not be the one that committed the act leading to the divorce. Also, you may have to show proof that this ground applies to your particular situation.
The Divorce Act of Canada states that you must have been living apart for at least one year. The divorce may be filed before the year has passed but a decision won’t be issued until after a year. It is possible for spouses to live in the same home, as long as at least one of the spouses intend for there to be separation implied. This is not usually questioned.
There is no court-ordered requirement that you have a separation agreement. Most lawyers would request that you have one, as it can be beneficial, especially when there are children involved or property that must be divided. OnlineDivorceSolutions.com includes a Separation Agreement with your forms, just in case you have any of these issues in your divorce.
One stipulation of the Divorce Act is that the court must make reasonable arrangements as to the support of any minor children. As such, there may be an order for support if a spouse isn’t paying. When you use OnlineDivorceSolutions.com there will be paperwork for custody, parenting time and child support included in your package.
Ontario Child Support Guidelines
OnlineDivorceSolutions.com provides you with all information necessary to determine the appropriate amount of child support either spouse should be paying for your divorce without a lawyer. If you are the one who needs to pay and are paying less than the Federal Child Support Guidelines, the court may not grant your do-it-yourself divorce. OnlineDivorceSolutions.com cannot guarantee divorces where the Applicant doesn’t pay proper child support.