How to Get an Uncontested Divorce in Toronto
An uncontested divorce is the least costly and burdensome type of family law in Canada. A divorce is considered "uncontested" when the opposing party does not file an answer or when the parties file a joint application to divorce. Basically, it is a divorce in which there are no real issues that the parties are in disagreement about. It is more a case of the parties requesting the judge to only grant a divorce instead of actually having to resolve any conflict.
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Things You'll Need
- Application for Divorce - Form 8A
- Affidavit of Service - Form 6B
- Registration of Divorce Proceeding Form
Instructions
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Determine where to file your case. Typically, you will file in the court in the municipality where you live. You may also be able to call the court for information on filing and any specific requirements they have to file.
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Prepare the application for divorce, an affidavit of service and the registration of divorce proceeding form. After preparing all required documents, you will need to make at least two copies and take the original and copies to the clerk for filing.
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Serve the respondent with the application for divorce. This must be done by physically handing the document to the respondent or his or her attorney, or mailing with an acknowledgement of service card. Once service is complete, an affidavit of service must be filed with the clerk.
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Receive an answer from the respondent. The respondent has 30 to 60 days to file an answer. If an answer is not filed, you may proceed with requesting a divorce order.
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File an affidavit of divorce and a divorce order. Once these are filed, all documents will be reviewed by the judge. A personal appearance is not necessary for the order to be granted.
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Request a certificate of divorce. Once the divorce order is granted, you may request a certificate of divorce as proof. There is an additional fee for this request and it will not be issued unless requested by one of the parties.
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Tips & Warnings
Have your spouse's contact information, if possible. You will need to serve him or her with your divorce application. Consider filing a joint application for divorce. An agreement to divorce between you and your partner will be much easier to complete.
