DIVORCE

A divorce will not be granted unless you have been separated from your spouse for at least one year. You can start the Divorce Application process before the one year of separation is complete however for the judge to sign the divorce Order, the one year of separation must be completed.

A Simple Divorce is also known as an Uncontested Divorce, which is when you and your ex-spouse agree on the terms of the divorce. A Contested Divorce, on the other hand, is one where the spouses disagree on some or all of the issues. Some of the most common disagreements in divorce proceedings are over children decision-making responsibility, child and spousal support, and division of assets. An Uncontested Divorce could take between 4 to 6 months. Whereas Contested Divorce may take months, if not years. Consult a divorce and family lawyer about your rights and obligations.

In total, court fees are $632 to obtain a divorce in Ontario, plus legal fees.

As per market trend legal fees for a Contested Divorce in Ontario costs over $5,000 for a simple matter. Complex Contested Divorces leading to trial could cost over tens of thousands of dollars.

Generally speaking, each party will be liable to pay his or her own legal fees incurred within court proceedings. However, there are circumstances where one party can be ordered to pay the costs of the other party.

When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding.

Rules with respect to costs are designed to promote four purposes:

• To partially reimburse successful litigants;
• To encourage settlement;
• To discourage and sanction inappropriate behaviour by litigants; and
• To ensure that cases are dealt with justly.

In fixing the amount of costs, the court must consider various factors including:

• Each party’s behaviour;
• The time spent by each party;
• Any written offers to settle;
• Any legal fees; and,
• Any expert witness fees.

Common reasons for ordering costs against a party include:

• Failure to follow the rules of the court;
• Failure to follow an order of the court;
• Failure to make full and frank financial disclosure; and,
• Acting in bad faith, or engaging in malicious conduct.

Consult a divorce and family lawyer about your rights and obligations.

While you are able to file an application for divorce on your own, you should consult a lawyer.

A lawyer can tell you about your rights and responsibilities and explain how the law applies to your situation in relation to:

• Parenting Decision Making Responsibility
• Parenting Time
• Renewal of Children’s Identity Documents
• Travel with the Children
• Child Support
• Spousal Support
• Imputation and Determination of Income
• Equalization
• Tracing of Assets
• Financial Disclosure
• Your rights with regards to possession of the matrimonial home
• Domestic Contracts
• Court Orders

While you can enter into a separation agreement or consent to court Order without a lawyer, we strongly recommend that you consult a lawyer. It is difficult to set aside a separation agreement or change a Court Order. Consult a divorce and family lawyer about your rights and obligations.

If you don’t agree with claims in the application or if you want to make a claim of your own, you have up to 30 days to respond, consult a lawyer.

You may be considered to be living separate and apart while continuing to live in the same home, consult a lawyer.

The relevant principles that emerge from the case-law to determine the date of separation, include:

• Whether there has been continued sexual relations between the parties.
• Whether the parties have continued to participate in joint social activities.
• Whether the parties spent vacations together.
• Whether the parties continued to share and participate in each other’s daily routines as in the past, such as eating meals together and sharing household chores.
• Whether the parties have celebrated special occasions together, such as birthdays and anniversaries.
• Whether the parties have purchased gifts with each other.
• Whether the parties have supported each other with respect to extended family obligations.
• Whether the parties described their status on documents such as Income Tax Returns as separated.
• Whether there have been any changes in the way the parties manage their financial affairs, including whether they have taken steps to separate their financial dealings.

Consult a divorce and family lawyer about your rights and obligations.