How do I get divorced in Toronto?

How do I get divorced in Toronto?

Step 1- Fill out a divorce application.
Step 2- Submit the application at an Ontario courthouse.
Step 3- Pay the required court fees.
Step 4- Follow any court rules and procedures given.

The Family Law Act came into force in 2013 and brought with it a number of new terms describing the legal relationship between parents and children. Gone are terms such as custody and access. As a result, there is much confusion surrounding the new language. The purpose of this blog, then, is to define the new terms.

Guardianship is the natural starting point. A guardian is a person who has the right to make decisions about a child, including major decisions with respect to education, medical care, and religious choices.

Related: Toronto family law practice

A guardian has parenting time, which is the time a guardian is entitled to spend with the child under an agreement or court order.

Guardians are also subject to parenting arrangements, roughly, the arrangements respecting parenting time between guardians and parental responsibilities.

How do I get divorced in Toronto?

Parental responsibilities refers to the responsibility of guardians to make decisions about daily care as well as major decisions regarding education, medical care, and religious choices.

Parents who are not guardians do not have parenting time, are not subject to parenting arrangements, and do not have parental responsibilities. Rather, they have contact with the child. It is not uncommon to see grandparents or another relative enjoy contact, but not guardianship.



Your Children Want a Voice in Your Separation

The Law Says that In Most Circumstances they Must Be Given One.

Separation and divorce is emotionally challenging on all affected, particularly children. However, there is a means to promote a child’s best interests by allowing their voices to be heard in a manner that does not put them in a position where they feel they are forced to choose one parent over the other.

The Family Law Act states that, unless it is inappropriate, the views of the child must be heard when considering parenting arrangements for children. This is consistent with the United Nations Convention on the Rights of the Child.

How do I get divorced in Toronto? Contact our family lawyers today.

Research has repeatedly shown that children feel better about parenting arrangements that are made for them when they feel they have had an opportunity to be heard. However, it is very important to ensure that children know that they are not being asked to choose a parent. Further, children should never become the voice of either parent.

It is highly recommended that you consult with a lawyer early in your separation and divorce process to discuss ways in which you can listen to your children, as it is critical that their views be considered in structuring a new arrangement for their parenting.

A client of mine in Vancouver recently asked me what his options were in terms of obtaining an uncontested divorce or “Desk Order Divorce.” A Desk Order divorce is an uncontested divorce proceeding that lets spouses, if they have essentially agreed about all the legally important issues between them, get divorced without having to go to court.

How do I get divorced in Toronto? Contact our Toronto family lawyers at 1 844-618-8080 (toll free) to book your FREE consultation.

If the only issue between the two spouses is the fact that they still happen to be married (they may have been separated for years already), then a desk order divorce will be a relatively simple and painless process. In the event that there are other issues such as children, support or assets, but the spouses know how those issues should be dealt with and just need a court order setting those arrangements down, the process is somewhat more complicated, but the desk order divorce process can handle it. If, however, the parties disagree on any important issues, then they will need to come to an agreement – preferably a written separation agreement – about these issues or go to court and go through a traditional lawsuit.

There are two procedures that can be used to obtain a desk order divorce: the sole application process and the joint application process.

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The sole application process is almost identical to the process used when starting a normal contested divorce lawsuit where the parties have not agreed on how the issues between them will be resolved. The applicant files a notice of family claim at the court registry and then serves it on their spouse.

The former spouse, usually after having cleared things with the applicant spouse, simply does not file a response to the claim. After the response period to filing a response is over, the applicant spouse files for a default judgement. The advantage of this process is that only one spouse really needs to do anything.

The joint application process requires that the parties work together a bit more to get things done. The joint Notice of Family Claim is first filed, which needs to be signed by both parties and sets out the orders that they want the court to make. After it is filed, both parties swear affidavits in support of the orders asked for. The advantage of this process is that it is a bit faster than the sole application.

How do I get divorced in Toronto? Contact our Toronto family lawyers at 1 844-618-8080 (toll free) to book your FREE consultation.

Both processes in reality require the parties to be in agreement about any possibly contentious issues between them but both are relatively painless and should get you a divorce order within two to three months.

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