Sole Divorce Toronto

Confirm Eligibility

Before proceeding with a sole divorce in Ontario, you must ensure you meet the necessary criteria:

• Residency Requirement: At least one spouse must have lived in Ontario for a minimum of 12 months before filing.
• Grounds for Divorce: The application must be based on legally recognized reasons, such as living apart for at least one year, adultery, or cruelty.

Prepare the Divorce Application

• Decide whether to file a Simple Divorce (which only seeks to end the marriage) or a General Divorce (which also addresses additional legal matters such as property division, spousal support, or child custody).
• Complete Form 8A – Application for Divorce, ensuring all required details are accurately provided.

Submit the Divorce Application

• File the completed divorce application at the Ontario Superior Court of Justice in the jurisdiction where you or your spouse resides.
• Pay the necessary court fees, which may vary based on the complexity of the case.

Serve the Divorce Application to Your Spouse

• The other party must be formally notified of the divorce proceedings. This can be done through:
  • Mail Service: Sending the application with an acknowledgment form that the recipient must sign and return.
  • Personal Service: Hiring a process server to physically deliver the documents.
  • Substituted Service: If the spouse cannot be located, the court may allow an alternative method of notification.
• If the served spouse does not respond within 30 days, the divorce process may proceed uncontested.

Complete and Submit the Affidavit for Divorce

• The Affidavit for Divorce is a sworn statement confirming key details such as the marriage date, separation timeline, and any existing agreements.
• A marriage certificate must be provided along with the affidavit to verify the marriage details.

Request a Judge’s Review (Set-Down Process)

• After serving your spouse and waiting the required time, you must file a request to set down the divorce for a judge’s review.
• The court waits for a Clearance Certificate from the federal government in Ottawa to confirm that no other divorce applications exist for the same marriage. This process can take up to six weeks.

Receive the Final Divorce Order

• A judge will review the application and, if everything is in order, approve the divorce.
• After the Final Divorce Order is issued, there is a mandatory 31-day waiting period before the divorce is legally finalized.

How Is the Spouse Served in a Sole Divorce Case?

The serving process ensures that the other party is officially notified of the divorce. The method used depends on their availability and willingness to acknowledge receipt:

• Regular Mail Service: The documents are sent with a form that the spouse must sign and return as proof of receipt.
• In-Person Service: A professional process server personally delivers the divorce papers to the spouse.
• When the Spouse Cannot Be Found: If the spouse’s whereabouts are unknown, a motion to dispense with service may be filed in court, requesting permission to proceed without serving them directly.

The Next Steps in a Sole Divorce in Ontario Case

• Once the Affidavit for Divorce is sworn and the Final Divorce Order is granted, the divorce moves towards completion.
• If the spouse does not file a response or contest the application, the process continues without additional legal challenges.
• If any complications arise—such as disputes over financial matters or child custody—seeking legal advice from an experienced Ontario family lawyer may be necessary to ensure a smooth resolution.

The Final Steps: Divorce Order & Remarrying

Set-Down Process

• The set-down request can be filed 31 days after the divorce application has been served to the other spouse.
• Once submitted, the court will assess the case and, if everything is in order, issue a Final Divorce Order—a process that typically takes one to two months depending on court availability.

Mandatory Waiting Period

• After the Final Divorce Order is granted, there is a 31-day mandatory waiting period before the divorce is officially recognized as final.
• In certain cases, this waiting period may be waived if both spouses agree and a request is approved by the court, expediting the process.

Obtaining a Divorce Certificate for Remarriage

• To remarry in Canada or internationally, you must obtain an official Divorce Certificate from the court.
• This document serves as legal proof that the marriage has been dissolved and is required when applying for a marriage licence in Canada or abroad.