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Ontario Divorce Procedure
Steps in an Uncontested Divorce
Step one: Issuing the application
Documents required
- Application for divorce - 2 originals;
- Registration of divorce proceeding form;
- Marriage certificate; and
- Cheque for $447.00 payable to the Minister of Finance.
Instructions
- Complete the application for divorce and make a copy for your own records.
- Complete the registration of divorce proceeding form and make a copy for your own records.
- Bring the above documents to the family law area of your local court house.
- The clerk will take your documents and give you back an issued application for divorce.
Step two: Serving the application
Documents required
- Affidavit of service.
Instructions
- Make a copy of the application for divorce.
- Serve the copy of the application on your spouse (be sure that you serve the respondent with the copy of the application and NOT the original).
- Complete the affidavit of service and make a copy for your own records.
----------SIX WEEK WAITING PERIOD-----------
You are not able to proceed on to the next step until the court has received clearance for the divorce. This waiting period is usually six weeks, however the court is often backed up, which results in a longer waiting period.
Step three: Preparing the divorce materials
Documents required
- Original application for divorce;
- Original affidavit of service;
- Original affidavit of divorce;
- Four draft divorce orders; and,
- Two stamped envelopes - one addressed to you, and one addressed to your spouse.
Instructions
- Prepare the affidavit of divorce and make a copy for your own records.
- Have the 4 draft divorce orders ready.
- Prepare 2 stamped envelopes for the court - one for you and one for your spouse.
Step four: Filing the divorce materials
- Bring all materials to the same location where the application was issued.
- File the materials with the courts.
----------WAITING PERIOD----------
Your divorce order will not be ready for approximately sixty days. Like the divorce clearance, the court may be backed up resulting in a longer waiting period. Once the divorce order is signed, copies will be sent out to you and the respondent in the self-addressed stamp envelopes you previously provided.
----------WAITING PERIOD----------
Your divorce only takes effect 31 days after the signing of the divorce order. Once this time period is up, you may proceed to the next and final step.
Step five: Obtaining a divorce certificate
Documents required
- Blank certificate of divorce;
- Copy of your divorce order;
- Cheque for $19.00 payable to the Minister of Finance.
Instructions
Bring the blank certificate of divorce, a copy of your divorce order and the cheque for $19.00 to the same location at your local Court House. You will then obtain your certificate of divorce. Keep this document in a safe place.
START YOUR UNCONTESTED DIVORCE BY PHONING ME TOLL-FREE AT (888) 832-2456 OR E-MAILING ME AT Jeffrey@BehrendtLaw.com.
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