How do I get a divorce
To legally end your marriage, you must apply to the Superior Court of Justice for a divorce by:
*Filling out the divorce application;
*Submitting the divorce application to the Court;
*Paying the required court fees;
*Serving the divorce Application and,
*Setting the matter down for a Divorce Hearing.
Eligibility Criteria If you want an Ontario court to officially end your marriage,
you can apply for a divorce if you meet the eligibility criteria, including:
*You were legally married in Canada or in any other country;
*You intend to separate or have separated from your spouse, without any reasonable prospect of reconciliation; and,
*You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.
Consult a divorce and family lawyer about your rights and obligations.
How long does it take to get a divorce
A divorce will not be granted unless you have been separated from your spouse for at least one year. You can start the Divorce Application process before the one year of separation is complete however for the judge to sign the divorce Order, the one year of separation must be completed.
A Simple Divorce is also known as an Uncontested Divorce, which is when you and your ex-spouse agree on the terms of the divorce. A Contested Divorce, on the other hand, is one where the spouses disagree on some or all of the issues. Some of the most common disagreements in divorce proceedings are over children decision-making responsibility, child and spousal support, and division of assets. An Uncontested Divorce could take between 4 to 6 months. Whereas Contested Divorce may take months, if not years. Consult a divorce and family lawyer about your rights and obligations.
How much does a divorce cost
In total, court fees are $632 to obtain a divorce in Ontario, plus legal fees.
As per market trend legal fees for a Contested Divorce in Ontario costs over $5,000 for a simple matter. Complex Contested Divorces leading to trial could cost over tens of thousands of dollars.
Generally speaking, each party will be liable to pay his or her own legal fees incurred within court proceedings. However, there are circumstances where one party can be ordered to pay the costs of the other party.
When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding.
Rules with respect to costs are designed to promote four purposes:
*To partially reimburse successful litigants;
*To encourage settlement;
*To discourage and sanction inappropriate behaviour by litigants; and
*To ensure that cases are dealt with justly.
In fixing the amount of costs, the court must consider various factors including:
*Each party’s behaviour;
*The time spent by each party;
*Any written offers to settle;
*Any legal fees; and,
*Any expert witness fees.
Common reasons for ordering costs against a party include:
*Failure to follow the rules of the court;
*Failure to follow an order of the court;
*Failure to make full and frank financial disclosure; and,
*Acting in bad faith, or engaging in malicious conduct.
Consult a divorce and family lawyer about your rights and obligations.
I have been served with an application for divorce, what do I need to do
If you don’t agree with claims in the application or if you want to make a claim of your own, you have up to 30 days to respond, consult a lawyer.
Understanding the Different Types of Divorce
Contested Divorce
In a contested divorce, spouses are unable to reach an agreement on key issues such as division of assets, child custody, and alimony. This often leads to a lengthy and adversarial legal battle, where each party seeks to protect their interests through litigation.
Uncontested Divorce
On the other hand, an uncontested divorce occurs when spouses are able to reach a mutual agreement on all relevant issues without the need for court intervention. This streamlined process is typically faster, more cost-effective, and less emotionally taxing compared to a contested divorce.
Initiating the Divorce Process
*Consultation with Legal Counsel
The first step in initiating the divorce process is to seek guidance from a qualified family law attorney. An experienced attorney can provide you with personalized legal advice based on your unique circumstances, helping you understand your rights and options moving forward.
*Filing the Petition
Once you've consulted with an attorney, the next step is to file a petition for divorce with the appropriate court. The petition outlines the grounds for divorce and any requests for relief, such as child custody arrangements or spousal support.
*Navigating the Legal Proceedings
During the discovery phase, both parties exchange relevant information and documentation related to assets, liabilities, income, and expenses. This process helps ensure transparency and fairness in negotiations and court proceedings.
*Negotiation and Mediation
Many divorces are resolved through negotiation or mediation, where spouses work together with the assistance of their attorneys and a neutral third-party mediator to reach a mutually acceptable agreement on key issues.
*Litigation
In cases where spouses are unable to reach a settlement through negotiation or mediation, the divorce may proceed to litigation. During this phase, each party presents their case to the court, and a judge ultimately makes decisions on contested issues.
Finalizing the Divorce
Settlement Agreement
If spouses are able to reach a settlement either through negotiation, mediation, or litigation, they will enter into a formal written agreement outlining the terms of the divorce, including division of assets, child custody, and support arrangements.
Divorce Decree
Once the settlement agreement is finalized, the court will issue a divorce decree, officially dissolving the marriage and incorporating the terms of the settlement agreement into a legally binding court order.
Post-Divorce Considerations
After the divorce is finalized, spouses may need to address various post-divorce matters such as updating legal documents, revising estate plans, and adjusting to new financial realities. It's essential to seek guidance from legal and financial professionals to ensure a smooth transition.
Healing and Self-Care
Divorce can take a significant emotional toll, and it's crucial to prioritize self-care and seek support from friends, family, or a therapist. Taking time to heal and rebuild your life after divorce is essential for your overall well-being and future happiness.
Planning and Surviving Divorce for Dentists
Divorce is a difficult process for anyone to endure and unfortunately, the rate of divorce amongst dentists is high due to various factors including challenges in managing the dental practice, while running the business in a competitive market.
Divorcing dentists require legal advice from a divorce lawyer with experience in dental practices. If you are a dentist and own your dental practice, the value of your dental practice and its income is relevant to the issues of equalization and support during your divorce process.
Unlike most other professional practices such as a law practice, dental practices are regularly bought, improved, and sold. Companies such as Tier Three Brokerage, appraise dental practices. The separation date is the focus point for the valuation of your dental practice. In other words, the value of your dental practice will be determined as of the date of separation. Upon separation, it will be necessary to equalize your assets with your spouse, including your dental practice, bank, and investment accounts (registered retirement savings plans, non-registered accounts, etc.) and real property.
You may sell your practice and equalize the net sale proceeds of sale or keep your practice and pay your spouse 50% of the value of the practice. You can retain an expert accountant to value your dental practice for equalization purposes. You may also retain an expert accountant to value your income from your dental practice for spousal or child support purposes.
You need to re-assess your insurance needs. We guide you evaluate your new situation, assess your needs, and make the necessary changes to your life and disability insurance. We will review all your insurance policies and designate new beneficiaries, if necessary.
We will help you with your estate planning and designation of a new executor of your will or change the person appointed to be your attorney for property and for personal care, if needed.
We work with a team of accountants that will guide you with the tax consequences of a separation or divorce.
A divorce will affect all parts of your life, consult with a divorce lawyer, experienced with divorcing dentists. We will work with a team of financial advisors, accountants and experts to financially manage your divorce.
Divorcing Physicians
The laws around divorce are complicated. Divorcing physicians require legal advice from a divorce lawyer with experience in their field. If you are a physician and own your medical practice, the value of your practice and its income is relevant to the issues of equalization and support during your divorce process.
The separation date is the focus point for the valuation of your medical practice. In other words, the value of your medical practice will be determined as of the date of separation. Upon separation, it will be necessary to equalize your assets with your spouse, including your practice, bank and investment accounts (registered retirement savings plans, non-registered accounts, etc.), and real property.
If you own your medical practice and it is incorporated, you may have to value the shares of your medical professional corporation, factoring in the assets, liabilities, and goodwill of the practice. The value may be used to determine equalization of assets. Furthermore, you may have an obligation to pay child or spousal support. Thus, you may have to value your income to determine the quantum of child and spousal support payments.
Planning and Surviving Divorce for Physicians
You need to re-assess your insurance needs. We guide you evaluate your new situation, assess your needs and make the necessary changes to your life and disability insurance. We will review all your insurance policies and designate new beneficiaries, if necessary.
We will help you with your estate planning and designation of a new executor of your will or change the person appointed to be your attorney for property and for personal care if needed.
We work with a team of accountants that will guide you with the tax consequences of a separation or divorce.
A divorce will affect all parts of your life, consult with a divorce lawyer, experienced with divorcing physicians. We will work with a team of financial advisors, accountants, and experts to financially manage your divorce.
FAQs
1. How do I get a divorce ?
2. How long does it take to get a divorce ?
3. How much does a divorce cost ?
4. Do I need a lawyer to get a divorce?
5. I have been served with an application for divorce, what do I need to do?
6. Am I considered separated even though my spouse and I still live together in our home?