The best and cheapest outcome is always a negotiation reflected in a Separation Agreement followed by a Simple Uncontested Divorce Application. You don’t want a Judge deciding issues for you regarding your children or your finances. And, your best chance for agreement is knowing how to effectively negotiate with your spouse.
Here are the characteristics of an “Uncontested Divorce” in Ontario:
1. The divorce isn’t defended or disputed by the other spouse and the only thing being requested is a divorce.
2. All the issues between you and your spouse such as the division of your assets, support and custody and access of your children have been resolved, usually by means of a Separation Agreement.
In Ontario an Uncontested Divorce is something you should be able to do yourself, without an Ontario divorce lawyer and there are online services you can use, including MyOntarioDivorce, to help you with the paperwork.
Here are the 15 steps to get your Uncontested (Simple Divorce) in Ontario:
1. Complete and sign an Ontario “Simple Application for Divorce”. The easiest way to do this is create your Ontario uncontested divorce form online.
2. Bring the Simple Application for Divorce to your local Ontario Superior Court of Justice or Ontario Family Court to issue Simple Application and obtain a Court file number.
3. Fill out Registration of Ontario Divorce Proceedings form to request.
4. Obtain a Clearance Certificate from the Central Registry of Divorce Proceedings Office and pay court filing fee of $167.00. Serve copy of issued Simple Application on your spouse by personal service.
5. Prepare “Affidavit of Service” for signature by person who served your spouse.
6. Go back to your local Ontario Superior Court of Justice or Ontario Family Court to file your Simple Application and Affidavit of Service.
7. Wait 30 days for spouse to respond to Simple Application with his or her answer.
8. If no answer and provided that you have been separated for at least one full year you can now apply for an Ontario Divorce Order.
9. Complete “Affidavit for Divorce” and draft “Divorce Order”.
10. Arrange to swear “Affidavit for Divorce” in front of an Ontario Commissioner for taking Affidavits.
11. Bring Affidavit for Divorce and draft Divorce Order to the Superior Court of Justice or Ontario Family Court for filing and pay a court filing fee of $280.00.
12. Await receipt of Clearance Certificate from the Central Registry of Divorce Proceedings Office. Typically takes 6 to 8 weeks following request.
13. Upon receipt of Clearance Certificate you will now have to wait for an Ontario Family Court judge to review your material and grant you a divorce.
14. Await receipt of a copy of your Divorce Order (typically takes 3 to 6 weeks). Wait 31 days after the date of the Divorce Order for divorce to take effect.
15. Now all you have left to do is request Certificate of Divorce from the Court and pay court fee of $19.00.
For more information about getting an Uncontested (Simple) Divorce in Ontario,
Be prepared for reasonable compromise. If you insist upon standing on principle, be prepared to pay your Ontario divorce lawyer for it.
Take note of these 8 Mistakes to Avoid When Divorce Negotiating:
Thinking logic will prevail. Negotiating is about human behaviour. You need to be able to navigate through both your emotions and your spouse’s.
Taking a “No” personally. When you your spouse says “No” to your proposal, don’t take it as a personal rejection. Look at it as an invitation to keep talking.
Withholding information. Give your spouse all the information and documents needed to prepare for your negotiations. You want your meeting to be of value and without proper information your spouse will not be able to make a decision.
Talking too much. You should be doing the asking, not the answering. Ask your spouse open-ended questions to identify their concerns. The 5 W’s (Who, What, Where, When and Why) are the type of questions that work best. The more you learn about your spouse’s concerns, the better you will be able to address them during your negotiation.
Not having a goal. You’ve heard this before. If you don’t know where you’re going, how are you going to get there? You also better know why you’re going to wherever you’re going. If you’re going to the grocery store and your goal is to get food, then you’re going to the right place.
If you’re going to the bank and you want food, you better re-examine the “where” or the “why” otherwise you’re going to be one hungry individual. Have a goal and a reason for the goal before you start negotiating.
Needing to remain friends. You’re getting divorced. What you want is a fair deal that accomplishes your goal. That may or may not result in you remaining friends. Neediness translates into needless compromise and that will cost you.
Letting your emotions get the better of you. Keep your emotions in check. They cloud your ability to think clearly and give the advantage to your spouse during the negotiations and likely will bring discussions to an early end.
Not dealing with obstacles to agreement. Once you determine your goal for the negotiations, think of the objections that your spouse could have to your proposal and how they can be answered. During the negotiations, deal with these obstacles openly. You want your deal to stick after the negotiations are over so anticipate the objections and deal with them upfront.
Once you have your agreement in principle, then you can create your uncontested divorce forms. You can create Ontario uncontested divorce forms online, without using a lawyer. You can also create your Ontario separation agreement online. If you think you may need a lawyer, it doesn’t hurt to have a consultation with one.
If you and your spouse DO NOT have any child custody, child and/or spousal support, property issues, etc., and all you want is a divorce, then the Simple or Joint Divorce Application is what you need.
Forget the blank forms offered on other websites. MyOntarioDivorce.com’s question-driven auto-generated Application is your best shot at a hassle-free divorce. We use an online questionnaire to simulate the interview a lawyer would conduct and import your personal information into your Application automatically.
The Simple Divorce Application is used when EITHER spouse wants to get a divorce. The Joint Divorce Application is used when BOTH spouses agree to get a divorce. Each of the Applications come with all the instructions, information, and additional documents you need in order to finalize it, serve it on your spouse, and file it with the Court.
You can also obtain a legal consultation online. For more information about how to negotiate an uncontested divorce with your spouse and create your uncontested divorce forms without hiring a lawyer.