Is online divorce filing in Ontario available? The short answer is No.
You should be able to but the government in Ontario continues to administer its court system ignoring the availability of technology that would make it possible.
As I wrote recently, while your Ontario Application for Divorce and Separation Agreements can be generated online using services like MyOntarioDivorce, the paperwork will have to be filed offline at the Ontario Family Court where you live. You can find a list of Ontario Family Court locations by visiting the Attorney General website.
If you go to the Ontario Family Court to obtain your divorce forms and seek assistance, it will be up to you to navigate the court and its clerks on your own (good luck…). Once you arrive at the court any number of things could happen. Once you have obtained the necessary Ontario divorce forms you will have to complete them. Many will collect their forms, ask questions about how to complete them and then prepare the forms at home, returning a second time to file them.
If divorce forms have not been completed properly, when you return to file them, they could still be rejected by the clerk leading to a third visit if you are unable to resolve the clerks issue because they are asking for information that you don’t have. This is why it pays to do your research and prepare your Ontario Divorce forms online and in advance of attending the court. This way, you also make the trips that “you have to make” to the court faster and more efficient because you have all of your ducks in a row.
We have been long time advocates of more efficient Ontario Family Court processes that use technology and innovation to make the Ontario Family Court system more accessible to the public and easier to use. Not everyone needs or can afford to hire a lawyer.
If you have created your Ontario Divorce forms and simply need to file them with the Ontario Family Court but are unable to attend you can also consider hiring a company (process server). You can pay a fee and they can file the Application, Divorce or other agreement on your behalf.
But let’s not put the cart before the horse. Before you even consider doing anything about an Ontario Divorce Application and Separation Agreement, you should do some research about your rights and obligations and that you can do online.
Typically, the issues that you’ll want to understand and address in a Separation Agreement are:
1. Spousal Support
5. Property Division; and
6. Property Equalization
For in-depth information to assist you in researching the information you will need to form your Ontario Divorce Application or Separation Agreement please visit www.MyOntarioDivorce.com