Divorce can be a difficult and stressful process, but sometimes it is the best option for couples who are no longer compatible. In Ontario, there are different ways to get a divorce, including contested and uncontested divorces. Another option is a joint divorce, which is a popular choice for couples who want to end their marriage on amicable terms. In this article, we will explore what a joint divorce is, how it works in Ontario and how All-Canada Notary can help make the joint divorce process easier for you.
What is a Joint Divorce?
A joint divorce is a type of divorce where both parties agree to the terms of the divorce and file an application together. This means that the couple agrees on issues such as child custody, spousal support, and the division of property. Unlike other types of divorce, there is no requirement to attend court since the couple has already agreed on the terms.
Benefits of a Joint Divorce
There are several benefits to getting a joint divorce in Ontario. First, it is generally faster and less expensive than other types of divorce. Since the couple has already agreed on the terms, there is no need for a court trial or lengthy negotiations.
Second, a joint divorce can be less stressful and emotionally draining than other types of divorce. When a couple can work together to reach an agreement, it can help them move on from the relationship more quickly.
Finally, a joint divorce can help preserve the relationship between the couple, especially if they have children together. By working together and avoiding a court battle, the couple can show their children that they are committed to co-parenting and putting their needs first.
Are You Eligible for a Joint Divorce?
To be eligible for a joint divorce, the following criteria must be met:
- Both parties must agree to the divorce and to all the terms of the divorce.
- The couple must have been separated for at least one year before filing for a divorce.
- Either spouse must have been a resident of Ontario for at least one year immediately preceding the divorce application.
- There must not be any outstanding issues between the parties that require resolution in court, such as disputes over child custody or division of property.
What is Needed for filing a Joint Divorce in Ontario?
Here’s a general overview of the process:
Meet the eligibility requirements: To file for a joint divorce in Ontario, you and your spouse must meet certain eligibility requirements, including that you have been separated for at least one year and that at least one of you has lived in Ontario for at least one year.
- Complete the required forms: You’ll need to complete the following forms:
- Form 8A, Application (Divorce): Either of you can fill out the form. But signing has to be done by both of you. It can be downloaded here
- Form 36, Affidavit for Divorce: Each party must have their own notarized Form 36, signed and dated in front of a commissioner of oaths or notary public.
- Form 25A: Divorce Order: You can find it online here. The form has to be completed by both the spouses electronically and not by hand. It should include all matters on which court order is needed.
- Marriage Certificate: If you don’t have the certificate, you will have to give reasons why in your Form 36 Affidavit for divorce. A certified translation would be required if the marriage certificate is not in English or French
- Form 35.1: Affidavit in Support of Claim for Custody or Access completed and signed by the spouse who is requesting child custody or access. The affidavit should be notarized.
- Form 13: Financial Statement (Support Claims) completed by the spouse. The affidavit should be notarized.
- Form 13.1 for property division
- Any prior court orders related to your marriage
- File the forms with the court: Once you’ve completed the forms, you’ll need to file them with the court. Filing an application for a joint divorce in Ontario can now be done online
- Wait for the divorce to be granted: Once you’ve filed the forms, you’ll need to wait for the court to grant your divorce. This typically takes about 60 to 90 days. The divorce is considered final after 31 days from the date of being granted.
- Obtain a Divorce Certificate: Once your divorce has been granted and 31 days have passed you can obtain a Divorce Certificate from the court where your Divorce Order was made. The fee for the service is $24.00.
Affidavits for Divorce Form 36 Complete Guide
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How Long Does a Joint Divorce Take?
In most cases, parties filing joint divorce will have their divorce granted in about 60 to 90 days, but in some courts, it can be several months. The divorce is considered final after 31 days from the date of being granted.
How much is the Fee?
The fee for a joint divorce in Ontario is $632. However, there may be additional fees for services such as serving the divorce application on the other party or obtaining a certified copy of the divorce order.
Do you need a separation agreement before divorce in Ontario?
No! You are not legally required to have a separation agreement before getting a divorce. However, it is generally recommended that couples who are separating or divorcing create a separation agreement to help them settle any issues related to property, support, and custody before filing for divorce. For the purpose of the joint divorce, it is a requirement that the parties must have been living separately or apart for at least one year prior to the divorce judgment being executed.
It’s important to note that a religious divorce is not recognized as a legal divorce in Ontario. If you were married in a religious ceremony, you must also obtain a civil divorce through the court system to be legally divorced.
Can the Form 36 Affidavit for Divorce be commissioned remotely?
How Can All-Canada Notary Help You?
All-Canada Notary is a network of notaries public. We can help you notarize your Form 36 Affidavit for Divorce, 35.1 Affidavit in Support of Claim for Custody or Access online and in our offices.