Uncontested divorce in Toronto: a step-by-step guide

What is an uncontested divorce?

An uncontested divorce in Toronto is a divorce where both spouses agree on key issues such as property division, child custody, child support, and spousal support. It is typically simpler, quicker, and more cost-effective than a contested divorce, where the parties cannot agree on one or more of these matters.
While uncontested divorces are more straightforward, it’s still important to follow the correct legal steps to ensure everything is settled properly.

Steps to follow for an uncontested divorce in Toronto

1. Separation: To apply for a divorce, you and your spouse must have been separated for at least one year. This separation is a legal requirement in Canada.
2. Residency: At least one of you must have lived in Ontario for at least one year before filing for divorce.
3. Draft a separation agreement: You and your spouse should work together to create a separation agreement. This document outlines how you plan to divide property, handle child custody, and manage support. It’s highly recommended to get legal advice to ensure your agreement is legally sound.
4. File for divorce: Complete the necessary divorce application forms, available from the Ontario Court of Justice or online. Along with these forms, submit your marriage certificate and the required filing fee.
5. Serve your spouse: Serve your spouse with the divorce application and other required documents. They have 30 days to respond to the application.
6. Waiting period: After serving your spouse, there is a mandatory 30-day waiting period during which your spouse can respond if they wish.
7. Affidavit for uncontested divorce: If your spouse doesn’t contest the divorce, you can proceed with an affidavit confirming that you meet the legal requirements and have an agreement in place.
8. Obtain a divorce order: Once the court reviews your documents and is satisfied, a judge will grant a divorce order. This process may take a few months, depending on the court’s workload.
9. Registration of divorce: The divorce order must be registered with the government to make it official.

How does a separation lawyer help you in Ontario?

• Legal expertise: Jane Mukongolo, a trusted family lawyer in Toronto, offers expert advice to ensure your interests are protected throughout the process. With years of experience in handling various divorce cases, we will help you navigate complex legal issues and complete all paperwork correctly.
• Mediation and negotiation: If there are minor disagreements, we can act as a mediator to help both parties reach a fair compromise, ensuring that your divorce is as amicable and smooth as possible.
• Document preparation: Lawyers can assist in drafting and reviewing your separation agreement, ensuring it is legally sound and protects your interests.
• Court representation: In the event that issues arise during the uncontested divorce process, we can represent you in court to advocate for your rights.
• Efficiency & experience: Divorce lawyers are familiar with the legal system and can help expedite the process, so you can obtain your divorce order more quickly. Jane has over 20 years of experience and is well-versed in handling both simple and complex divorce cases.

Common challenges in uncontested divorces

While uncontested divorces are generally smoother, some couples face challenges that need careful attention, such as:

• Property division: Deciding how to divide assets fairly, especially in cases with significant property or investments, can still be a point of contention.
• Child custody and access: Even if both parents agree on custody, there may be concerns over visitation schedules or ensuring the child’s well-being is prioritized.
• Spousal support: One spouse may feel uncertain about how much financial support is fair, even if they agree on the divorce itself.

Having a family lawyer assist with these issues can ensure that your divorce agreement is both comprehensive and legally sound, avoiding potential issues down the road.

Uncontested divorce myths

While uncontested divorces are generally more straightforward, there are still many myths surrounding them. For example, many people think they can’t get an uncontested divorce without legal representation or that the process doesn’t require any paperwork. That’s why it’s crucial to consult with a family lawyer to ensure that all legal requirements are met, and your rights are protected.

How long does an uncontested divorce take?

Typically, an uncontested divorce takes about 2 to 4 months, depending on the complexity of your case and the court’s workload. Factors such as how quickly you and your spouse agree on the terms and how promptly documents are filed can affect the timeline. Working with an experienced family lawyer can help expedite the process.

Ready to start your uncontested divorce?

If you’re considering an uncontested divorce in Toronto, it’s important to have the right legal guidance to ensure the process is handled smoothly. Contact Jane Mukongolo, a skilled family lawyer, for personalized legal advice and assistance with the entire uncontested divorce process. Our team will help you navigate property division, child custody, and support, ensuring that your divorce is both swift and cost-effective.