Step-By-Step DIY Guide to Filing a Divorce in Canada (2024)

Like every relationship, marriages too have their ups and downs. Couples get into conflicts for various reasons, including time, money, and stress. These unprecedented times that we live in are only adding more stress to our lives. Many conflicts get resolved with love, care, and communication. However, some relationships, sadly, move to the brink of divorce. Unfortunately, many couples take a divorce decision in haste and regret it later.

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According to statistics, the divorce rate in Canada has steadily increased in the last two decades. In the year 2000, there were 1.88 million divorces in Canada, while the numbers spiked to 2.71 million in 2020. Yes, it is perfectly normal to seek a divorce, but there is a lot one can do to save the marriage, if one is willing to.

Divorce is not just a sign on paper; it can take a toll on you emotionally and on your mental health. It may take a long time to recover from it. So, before you search for how I can file for divorce in Ontario, ensure you seek counselling, take online therapy, or meet a psychologist in Ontario, despite whether you want to remain in the marriage or proceed with separation.

Benefits of Going for Online Counseling Before Divorce

People in a troubled relationship would sometimes think before giving up on it, though it may seem like a hard thing to do. Many issues, however, can be solved by being kind, helpful, and honest. But sometimes, it takes a little extra effort to build a strong and healthy relationship. Look for psychologists near you and seek marriage counselling to repair that broken bond. These experts can genuinely make your relationship work when you think nothing is left. Here are some benefits of taking online counselling:

  • You do not have to travel.
  • Talk to your counsellor through emails, chats, and videos.
  • Record and revisit your conversation.
  • Opt for online counselling free.
  • The counsellor stays true to the time commitment.
  • Keep your counselling sessions discrete.
  • Cost-effective when compared to offline counselling.

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How to Prepare to File a Divorce in Canada

Here’s what you need to do to prepare for filing a divorce:

Address and Resolve Issues

Counselling online can be great for locating and resolving issues. Additionally, a counsellor can help you heal as you go through the process. A counsellor teaches you various skills to resolve issues, such as how to better your communication, how to negotiate around the situation, or when to stop the argument, and how to express emotions appropriately.

Identify Areas of Improvement

Throughout the therapeutic process, the online counsellor can attempt to help both you and your partner identify areas of improvement in your relationship. A therapist gives hope to couples that they have a choice. By making that choice, even the hopeless-looking relationship might start to improve drastically.

Change Dysfunctional Behavior

Online counseling aims at changing the way couples behave with each other. Counselling sessions make couples work on improving their interactions and behaviour with each other. This change in behaviour helps couples solve issues regarding finances, childcare, mental health, or cultural differences better.

Communicate and Emote Better

Couples who avoid expressing their feelings or having difficulty communicating their point are at great risk of divorce. A psychotherapist in Ontario will teach techniques to bring out and put forward the emotions effectively. In the due process, couples also learn how to communicate in more understanding ways.

Get Clarity

By seeking online psychological help, you will get a semblance of the dilemma if you want to stay in the marriage or opt-out. A marriage counsellor will try and fix your marriage or provide advice if divorce is the better option. Once you get advice from an expert, you won’t regret your decision and get hand-holding help through the process either way.

Waiting too long to obtain help becomes the biggest issue in solving the issue. So, do not procrastinate when you see a problem. Early consultation or therapy can have a demonstrably positive impact on your relationship. Also, it can avoid unwanted sadness and severe erosion of the marriage.

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What You Should Know Before You File For Divorce in Ontario, CA

How can I know if I can get a divorce in Ontario? If you want to apply for a divorce in Ontario:

  • You must be legally married in Canada or any other country. Partners that live together without being legally married do not require a divorce.
  • You intend to end your marriage with your spouse.
  • Either you or your partner has lived in the state for at least 12 months before seeking a divorce.

What are the reasons under which you can divorce?

You can get a divorce in Ontario if at least one of these apply:

  • You have separated from your spouse and have lived away from the partner and realized you do not want to be married to him/her.
  • Your partner has committed adultery. This will need to be proved.
  • Your partner is physically or mentally cruel. This, too, will need to be proved in terms of what happened.

Divorce Filing Step-By-Step Process in Ontario, CA

Divorce is an impactful decision and should not be taken in haste. Only if you are seriously contemplating divorce, here are the steps to file for divorce in Ontario.

Get a lawyer

Always seek lawyers you can trust. Usually, ask for help from friends or family for recommendations. If they have a good lawyer, chances are they will try to work in your best interest.

Get the application form

An application form is a detailed form that helps you explain to the court why you need to get this divorce. There are multiple options and can be saved locally on your computer and sent.

Fill the form

It is great if you have your lawyer’s help to fill it. It talks about the reasons you are seeking the divorce and details of the extended family. They tend to know how the system works better as you go through this difficult phase.

Submit it in the courthouse in Ontario

Each municipality has a different courthouse. So, look for the closest courthouse to where you are. You can go online to find out where you can file and how to.

Pay the court’s fees

Follow the instructions of the courts. After the forms are filed, the courts provide instructions. Ensure that you follow the instructions to ensure a divorce that can be as seamless as it can be.Different steps require different kinds of expenses. Do remember to keep money ready for the payments. Depending on the type of divorce and the different stages of divorce, the prices may vary.

How to Move on After Divorce

It is very difficult to build relationships; however, breaking a relationship might appear a lot easier. When you are looking to end your relationship, ensure that you are entirely sure about not wanting to be with your spouse. When children are thrown into the equation, you must be more careful about the decisions you make.

Pre-Divorce Counseling and Settlements

That said, do seek counsel and talk to lawyers and psychologists, and therapists if you are in an unhealthy relationship. Finally, it is your emotional and mental health that is most important. There is no point in suffering in silence, just because you have to stay away from the divorce because you have kids, or for any other reasons. If you are being abused or ill-treated, the courts and the state offers protection. So, it is so important to reach out if you need it.

Just know that you are never alone; there is help. Divorces can take a toll on the family, but that is what the entire process is all about. It is an important decision and hence it should be well thought out. More importantly, it is a decision that must be handled carefully by you and your family. Especially when children are involved, it has to be dealt with a lot more care. In the end, this is a tough decision, so reading about it and seeking help when things are not going well always helps.

Make the right decision. Do not rush into it, but do not suffer in silence either. Recognize that sometimes you will need to make hard decisions, but as you do that, ensure you protect yourself. Marriages may break; however, you sho emotionally, as you go through it.

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FAQs

What is the first step in getting a divorce in Canada? ›

Step 1: Decide to Divorce and separate from your spouse. Step 2: Obtain a divorce application. Each province and territory has their own set of forms. You can get the correct forms for your jurisdiction through a lawyer, bookstore, court office or family law information center.

How do I file for divorce in CA myself? ›

To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.

How do I prepare for divorce in Canada? ›

10 Tips to Prepare for Your Divorce
  1. Organize Financial Records.
  2. Return to Your Individual Credit History.
  3. Close Joint Accounts.
  4. Understand Divorce Options.
  5. Set Goals for Mediation.
  6. Put the Kids First.
  7. Seek Emotional Support from Friends and Family.
  8. Record Everything.

How long do I have to live separate before I can file for divorce Canada? ›

After a couple has been separated for at least one year, one of the spouses can apply for divorce, even if the other spouse does not agree. However, in applications based on adultery or physical or mental cruelty, only the alleged victim may apply for a divorce.

How long does a Canadian divorce take? ›

On average, it takes 4 to 6 months to complete a simple divorce in Ontario, also known as an Uncontested Divorce in Ontario. However, if there are additional claims other than divorce, such as custody, support or division of property, then it could take several months or years to complete.

Can I get divorce without going to court in Canada? ›

You need to apply to a court for a divorce. As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria: You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada. Your marriage has broken down.

How much does it cost to file for divorce in CA? ›

File your divorce Petition and Summons. Once you complete your forms, you need to file them with the court and pay a filing fee of $435-$450.

How many years do you have to be married to get spousal support in California? ›

There is no specific marriage duration to get alimony in California. The good news is there is no specific minimum duration before a spouse may receive alimony. A California family court bases its decision to order alimony on a variety of factors, including the marital standard of living.

Can you file for divorce online in CA? ›

Divorce doesn't have to be messy, expensive or time-consuming. California couples who agree to the terms of their divorce (called “dissolution of marriage” under California law) can file their uncontested divorce online with the help of an online divorce service, or on their own.

What is the quickest way to get a divorce in Canada? ›

If you and your spouse agree on all of your family matters, you can make a joint application for divorce with other claims. When you and your spouse agree, your divorce is referred to as “uncontested.” They are usually the quickest and least expensive, and obviously, the most desirable kind of divorce.

How much does the average divorce cost in Canada? ›

According to the Canadian Legal Fees Survey, the actual cost for divorce averages $1,353 for an uncontested divorce and $12,875 for a contested divorce. Taking the divorce to court could cost you over $50,000.

Can you get a quick divorce in Canada? ›

Although we've all heard of a quickie divorce, there is really no such thing in Canada. If you want to get legally divorced from your spouse, there are numerous components that dictate the overall speed of the application process.

Who pays for divorce in Canada? ›

With respect to the payment of the actual Court Fees, the party who takes the steps pays the fees. This means, for example, that a spouse who files his or her answer to his or her spouse's claims pays the cost of filing that document with the court.

Are you automatically divorced after 5 years in Canada? ›

No. Divorce never just automatically occurs and a marriage never nullifies regardless of how long you and your spouse have been separated. Separation for one year is an acceptable ground for Divorce, but to receive the actual Divorce you must go through the correct legal process in Canada.

Is it better to stay separated or divorce? ›

A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.

How much does it cost to get a divorce in Canada? ›

Key takeaways. Average legal fees for divorce can run from $1,000 to $25,000. Your divorce cost will depend on how complex your situation is and how amicable you are with your spouse. There are additional costs to getting divorced.

How much is a wife entitled to in a divorce in Canada? ›

Each spouse is entitled to half the value of the family property. According to the law, the value of property owned during the marriage that still exists at the date of separation is to be divided equally between the spouses.

Does my wife get half of everything in a divorce Canada? ›

If you and your spouse separate, the law says that all the family property and family debt have to be divided equally between the two of you, unless you make a different agreement. If you and your spouse have made an agreement about property and debt, you'll divide everything the way you agreed to in the agreement.

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