Ontario Divorce Lawyer
Going through a divorce is never easy and requires a lot of time, energy, and money to follow through the process. That’s why it is very important to understand the details of the divorce process and what requirements are needed to proceed.
In Canada, there are three types of divorce: an uncontested divorce, a joint divorce; and a contested divorce. Each type of divorce has simple differences that distinguishes between them; however, the processes can vary depending on how spouses can come to agreement on important issues of the relationship.
What is a Joint Divorce?
A joint divorce is the type that everyone ideally wants. It involves both parties jointly filing the statement of claim for a divorce. In a joint divorce, all decisions are agreed, there is no defendant, and there is no 30-day appeal period after the divorce has been granted.
Some cases end in a joint divorce, but most tend to be more complicated depending on the situation and relationship of the spouses.
What is an Uncontested Divorce?
An uncontested divorce is where one spouse decides to initiate a divorce by filing a Statement of Claim for Divorce. The statement of claim is served to the other spouse.
Once received, the other spouse can decide to:
- File a Statement of Defence where they dispute the claims or facts provided from the Plaintiff
- File a counterclaim stating facts or claims that differ from what the Plaintiff suggests
- File a Demand of Notice where they decide not to contest the divorce and wish to receive all documents to pursue proceedings
- Do nothing and wait to be noted
The divorce is considered uncontested if the spouse chooses to only file a Demand of Notice or to do nothing.
What is a Contested Divorce?
A contested divorce occurs when neither party can come to an agreement in regards to important issues, most related to the division of property and assets, child custody and spousal support. Each party must file court documents stating their stance and issues. Depending on both parties, contested divorce can be lengthy and it is advised to have a professional lawyer representing you to guide you through the process.
What are the Criteria to file for a Divorce?
In Canada, spouses are eligible to file for a divorce if:
- They are legally married in Canada or in a different country
- At least one partner is living in Canada for a least one year prior to filing
- At least one partner permanently wants to end the marriage with no reconciliation
Now that you have knowledge on the criteria for filing for a divorce you must understand what grounds for a divorce is legally valid to pursue. In Canada, there are three grounds that are recognized as legally valid for a divorce – abuse, adultery, and separation. By understanding each ground, you can ensure that your reasons for divorce is valid before proceeding.
At Romeo Pitaro Litigation and Family Law Lawyers, we understand that divorce can be messy and exhausting. That is why we are dedicated to making the process easy and smooth as possible. To learn more if you fit the criteria to file for a divorce, contact us at 1 (877) 889-8889 to book a free consultation.
