Getting a Divorce in Ontario
"How do I go about getting a divorce in Ontario?"
There are 5 basic steps to getting a divorce in Ontario. These steps are:
1. The first step is to issue an application for divorce. To do this, complete an application (in duplicate) and a registration of divorce proceeding form. Bring these documents, as well as your marriage certificate and a cheque for $447 to the family law area of your local courthouse. The clerk will take your documents and give you back an issued application.
2. The next step in getting a divorce is serving the application (a copy, not the original) on your spouse. This means delivering the application to your spouse. You will need to get a third party to do this. Once this is done, complete an affidavit of service, which states the application was served on your spouse.
3. The next step in getting a divorce is preparing the affidavit of divorce. This affidavit is a sworn statement under oath that the information in your application is true.
4. The next step in getting a divorce is to prepare and file your continuing record. The continuing record consists of a table of contents, the original application, the affidavit of service, and the affidavit of divorce. You will also need to prepare 4 copies of a draft divorce order, and two stamped envelopes: one addressed to you, and one to your spouse. These documents will then need to be filed with the court house.
5. Once you receive your divorce order signed by the judge in the stamped envelope you prepared, you have almost finished getting a divorce. All you need to do is prepare a certificate of divorce. Take this with your divorce order and $19 to the court house, and it will be issued the same day. This is your proof of your divorce, so keep the certificate in a safe place.
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