Divorce Guide

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Ontario divorce court


Ontario divorce court gives the hearing on issues of separation and divorce taking place in Ontario. To get divorce in Ontario it is necessary to understand the family law. The divorce act is central law made by Canada parliament equally administered across all the territories. It states that only superior court of each province can deal with divorce petition, in Ontario divorce law.

Ontario has a specific set of rules that must be followed for filing divorce. You should follow the grounds and residential requirements that are applicable for filing. You can apply for divorce if you were legally married to your spouse in Ontario or Canada; either of the spouses has lived in Ontario for at least one year prior to file the petition.

Both fault and no fault grounds are accepted in the Ontario court law. The concept of no-fault divorce is more popular in the state. To get divorce you and your spouse have been stating separately for at least one year. The divorce will be granted after 12 months of separation are complete. Your spouse has committed adultery or treated you with intolerable cruelty. Any of the spouse has been suffering from mental health problems or has been sentenced to jail for some crime. If you decide to proceed on these grounds, the court can grant for divorce.

In Ontario, issues related to family law are discussed. These matters are heard in the Ontario court justice, the superior county of justice or family court branch of superior court of justice depending n how the issues are.

  • Ontario court of justice hear s the family law issues that comes under Ontario legislation. It includes child custody, support, visitation, adoption and child protection applications. It does not deal with issues related to division
  • Superior court of justice decides on the issues involving, division, and division of property, custody and access. It does not deal with matters related to adoption of child.
  • Family court also known as the unified family court deals with all the issues like child custody, child support, adoption, property division, access and visitation. There are almost 17 family court located in Ontario.

How to file for divorce in Ontario divorce court

  • Make sure that you meet all the legal requirements for filing divorce. Either of the spouses should fulfill the grounds and residential requirements of Ontario divorce.
  • Decide whether you want complete the proceedings on your own or with the help of lawyer. If you choose to work on your own, online website can be very helpful. If you decide to choose a lawyer make sure he is well educated and experienced in this field.
  • Draft all the documents in proper format. It includes marriage certificate, copies of all court orders, separation agreements and copies of written arrangements.
  • File the documents with the court along with the petitioner file. Serve the petition with your spouse. In Ontario once the petition is served, respondent should respond within 120 days.
  • Attend the court hearing. If divorce is uncontested attending the court is not necessary. The final step in the preceding will require your attendance in the court to get the final decree.

In Ontario divorce court, the process of divorce almost takes 3months to finish the process.


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