Divorce Lawyer Toronto
Toronto Divorce Lawyer
The Divorce Act
Our divorce lawyers in Toronto can assist you with your divorce. The Divorce Act is the law which governs divorces in Canada. Wherever you live in Canada, the process of getting a divorce is the same.
If you are currently married and wish to re-marry, you will need to obtain a divorce first. In order to obtain a divorce, you must apply to the family court for divorce. Not all courts will accept your applications for divorce. You must specifically apply to the Superior Court of Justice with an application for divorce. The application can be filed on your behalf by our office, seeking a divorce. If there are other issues such as custody, access to children, child support, spousal support, or property division that have not been dealt with, a divorce does not resolve those issues, you need to ask the court to decide about these issues in addition to the issue of divorce.
If you have been served with a divorce application that just seeks divorce, but any issues of custody, access to children, child support, spousal support, or property division are outstanding and have not been dealt with by way of a separation agreement, you need to speak with a lawyer immediately as a Court Order for divorce may have consequences on your future claims related to some of these issues.
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Applying for a Divorce
When you apply for a divorce, you need to demonstrate that your marriage has broken generally by demonstrating that you have been living separate and apart for at least 12 months. You can be deemed to be separated even if you live under the same roof.
In some cases the Courts will shorten the 12 month period if you or your spouse has committed adultery or your spouse has been physically and mentally cruel.
Divorces from other countries are accepted in Ontario if one of the spouses resided in the foreign country for at least 12 months before the Order for divorce was received in the foreign country. In order for our divorce lawyers Toronto to assist you, we would need a certified copy of your foreign divorce order that has been translated by a certified translator. You will need an opinion from a divorce lawyer Toronto which validates your foreign divorce before you can apply for a new marriage certificate.
Separy Law Divorce Toronto Lawyers
While some divorces can be straightforward, many involve complex issues that require careful legal guidance. Contentious matters such as the division of property, spousal support, or parenting arrangements can quickly become overwhelming. In these situations, having a knowledgeable and experienced divorce lawyer is essential to protect your rights and interests. It is important to speak with one of our Separy Law PC divorce lawyers in Toronto to understand your rights and obligations, especially in high-conflict situations or when there are significant assets involved. We can help you navigate the complexities of your divorce and work towards a fair resolution.
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- Filing and managing divorce applications
- Representing you in contested or uncontested divorces
- Negotiating settlements outside of court
- Handling complex or high-conflict cases
- Protecting your rights in court proceedings
FAQs
How do I get a divorce in Ontario?
To get a divorce in Ontario, you must file an application under the Divorce Act (Canada) at the Ontario Superior Court of Justice (Family Court). You can apply for divorce after you’ve been separated for at least one year (twelve months), or sooner in limited cases involving adultery or cruelty.
Most people in Ontario file for a simple or joint uncontested divorce if all other issues—like property, support, and parenting—are already settled. If there are unresolved matters, your divorce may become contested, and a judge will decide the outstanding issues. One of our Ontario divorce lawyers can guide you through the process, prepare the required forms, and ensure the divorce is granted as efficiently as possible.
How long does it take to get a divorce in Ontario?
The length of time depends on whether your divorce is contested or uncontested. A simple uncontested divorce in Ontario typically takes three to six months once the application is filed and all documents are in order.
If your divorce is contested, the process can take a year or longer, depending on court schedules and how quickly issues like support, parenting, or property division are resolved. An Ontario divorce lawyer can help you prepare your paperwork correctly from the start to avoid unnecessary delays and ensure the process moves smoothly through the Ontario court system.
What is the difference between uncontested and contested divorce in Ontario?
An uncontested divorce happens when both spouses agree on all issues related to their separation, including child custody, support, and property division. This type of divorce is faster, less expensive, and usually processed on paper without the need for a court appearance. This type of all encompassing agreement is usually reached after the parties work with their lawyers to reach an agreement on all issues by way of a separation agreement first.
A contested divorce, on the other hand, occurs when one or more issues remain unresolved or disputed. These cases can take longer, could involve court hearings, and may require negotiation, mediation, or trial. An experienced Ontario divorce lawyer can help you assess your case, negotiate fair terms, and minimize conflict during the process.
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