TOP 10 DIVORCE QUESTIONS
During the early phase of the divorce process, people call or email Stanchieri Family Law with lots of basic or general divorce questions. The reality is that you most likely have similar questions if you're also just starting the divorce process. The good news is that we'd like to make your life easier by giving you answers to the top 10 most frequently asked questions regarding divorce.
#1 What is the difference between separation and divorce?
Separation happens when one or both spouses (common law or married) have decided to live apart permanently (with the intention of not living together again). Divorce happens when a judge signs an order to legally end a marriage under the Divorce Act.
#2 What are the reasons for a divorce?
A divorce can be ordered for matrimonial relationships if one of the following events occur:
A - The spouses have lived separate and apart for at least one year; or
B - The spouse has committed adultery; or
C - There was intolerable physical or mental cruelty.
Most divorces in Canada are granted on the basis of a separation of at least one year.
#3 Does divorce apply to common law relationships?
A divorce only applies to married couples who want to legally end their marriage. Although common law relationships don’t require a divorce certificate to end the relationship, it is still highly recommended that both common law spouses negotiate a formal separation agreement that outlines the arrangement details such as child/spousal support, custody/access, property/asset division etc… This will ensure both spouses are legally protected in the short-term and long-term.
#4 Who can apply for a divorce in Ontario?
Either spouse can apply for a divorce in Ontario after living in the province of Ontario for at least one year prior to the divorce application date. Canadian citizenship is not mandatory for divorces in Canada.
#5 What is the difference between contested and uncontested divorces?
Contested means one of the spouses has served and filed court materials to dispute the divorce. The spouses would need to provide evidence to support or contest the claims made. Uncontested means that the respondent spouse has not served or filed court materials to dispute the divorce. The court would then make an order based on the applicant spouse’s claims.
#6 What happens when the other spouse refuses to agree to a divorce?
If the divorce is contested and not settled, the court will determine whether the divorce will be granted based on court materials, submissions and testimony.
#7 What happens when the other spouse cannot be located?
The applicant spouse can seek an order for substituted service or an order that service is not required (of court documents). The applicant spouse will have to explain what attempts he/she made to locate the other spouse and why service requirements should be different for his or her particular case.
#8 Can both spouses share the same lawyer during a divorce?
In order to avoid a conflict of interest, each spouse should retain their own family lawyer to obtain independent legal advice. This will ensure both spouses fully understand their rights and obligations.
9. How much does a divorce cost?
There are basically two types of divorce fees: fixed and variable. The fixed fees are the standard fees that apply to all divorce proceedings, which mainly include court filing fees of approx $450 (+ plus process serving fees). The variable fees are the lawyer fees; which can range anywhere from $200 to $600 per hour depending on experience and location (on average, family lawyer fees downtown Toronto are usually on the higher end of the scale). The total costs of a divorce will ultimately depend on the simplicity or complexity of the divorce proceeding.
10. How much time does it take to get a divorce?
The divorce certificate usually takes approximately 60-90 days for simple (uncontested) divorce claims and can take several years for contested (more complex) divorce claims.
