START YOUR ONTARIO DIVORCE.

A divorce filed in the Province of Ontario is a fairly simple process.  We will provide step-by-step instructions, and our support department is always available to help you complete your Ontario divorce filing.

Before you file your divorce in Ontario, you should be aware of some of the laws regarding a divorce that is filed in the State of Ontario:

• • You or your spouse must be a resident of the Province of Ontario for over one year to file a divorce.
  • Most divorces are filed under the grounds of separation for one year but you can also file on the grounds of adultery or cruelty which we will discuss with you.
    
    
  • Property and debt distribution in Alberta is based on equitable distribution.  The value of any property that you acquired during your marriage and that you still have when you separate, usually is divided equally between spouses. Property that was brought into your marriage is yours to keep, but any increases in the value of this property during the duration of marriage could be shared.
  • Spousal support is usually decided by the parties taking into effect the length of marriage, age of spouses, earning capacities, among other factors.
    
    
  • The Filing Fee. (The fee must be paid in cash, certified cheque, or money order payable to the Minister of Finance. Personal cheques are not accepted.)  In total, court fees are $447 to obtain a divorce in Ontario. The first payment of $167 is due when the application for divorce is filed which includes court fees of $157 and $10 that is collected for the federal Department of Justice. Additional court fees of $280 are paid before the divorce is reviewed by the court.  $19 fee is required if you desire a certified copy of the decree.

Ontario Child Custody, visitation and support.

Most couples are in agreement with the custody of their children.  This is usually the best for your children, as the parents have the knowledge to know what is best for the children.  If the court's get involved to make decisions, the court's in Ontario consider factors such as the physical, emotional, religious and social needs of the child.

In our questionnaire, we will ask you questions about the custody of your children, including who will be the primary custodial parent, visitation and support.  This allows to to properly prepare the custody provisions of the divorce forms that will be filed with the court.

In a small number of cases, one parent will need special provisions, such as supervised visitation, or provisions for out-of-state travel.  We will include all these necessary provisions.

Child support in Ontario can be an agreed upon amount or it can be pursuant to the Ontario child support guidelines.  The Ontario child support guidelines takes into consideration the income of both parents, the parenting time, and determines the amount of support to be paid by the non-custodial parent.

Division of marital property and debts.

Many customers have been separated and have already split their property, and made decisions on how the debts of the marriage will be paid. 

Although most customer have already divided property, and don't require the divorce forms to include any division of property or debts, we can get as detailed as necessary.  We handle the division of multiple homes and/or investment properties if needed. 

When the parties can't agree on the division of property, the courts in Ontario will follow equitable distribution laws.