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Article provided by: Positive Solutions Divorce Services®

Filing For Separation In Ontario

Filing For Separation In Ontario

One of the greatest fears of intending couples or even loving couples is divorce. This experience can be so saddening that some divorced individuals find it difficult to be themselves again. Society frowns against divorces and separation, tagging those smeared by these shortcoming marriage failures, which is a sacred institution. However, those involved in one big marriage issue or the other believe it's best to separate or divorce.

What's the Difference between Divorce and Separation?

Divorce is the complete ending of a legal marriage. That is, putting a stop to any rights, obligations, and privileges attached to a marital state. Separation, on the other hand, is living apart from your partner.  

While divorce involves cutting the marital bond between couples, separation is merely ceasing to live together as spouses. So, in cases where the spouses see no future with each other, the next thing is divorce. Whereas, if the occurring issues bringing about divorce thoughts between both parties can be resolved, separation becomes an option.

How Can I Get A Divorce in Ontario?

Your marriage must meet three conditions before you can file for divorce in Canadian courts.

The first condition is you and your spouse must be married according to Canada's law or another country.

The second eligibility test is that you have separated permanently from your spouse or want such separation to be permanent.

Thirdly, both spouses must have lived at least 12 months in Ontario before applying for a divorce.

Before the Canadian court considers your divorce application, you must have lived apart from your spouse for at least one year and believe that the marriage will never work. It could also be that you're not ready to forgive your spouse, who breached a fundamental covenant of your wedding by committing adultery. Or your spouse, since living with you has continued to be mentally or physically cruel to you, such that continuing the marriage will only mean you are up for a suicidal mission.

To get a divorce based on adultery or cruelty of your spouse, you must have sufficient pieces of evidence to prove this claim before the court.

How to File For Separation

Filing for separation in Ontario concerns legal couples. Legal separation happens when couples are unwilling to continue living together even though they do not want a divorce. It could either be a permanent solution to recurring marital issues or a step before finally dissolving a marriage.

Filing for separation in Ontario is not always simple. Couples go through issues that need to be resolved, like who takes responsibility for which debt, how the properties will be shared, child custody, and the likes. Separation from one's spouse does not require special forms to be filled in the court before it becomes effective. However, you can file a written separation agreement if you and your spouse consent to it.

What's The Cost of Getting a Divorce in Ontario?

Getting a divorce in Ontario should cost at least $632. You pay $212 to apply and then pay another $202 for court fees and another $10 into the federal Department of Justice coffers. An additional payment of $420 is then paid before the court review the divorce.

How Do I Get a Divorce?

The divorce process in Ontario starts by sending in your application to the court. You can only file divorce proceedings in superior courts of record, as it is a serious matter. Then make sure your application involves one of the following; living apart from your spouse for at least a year, infidelity at the instance of your spouse, and cruelty.

After hinging your application on one of those, as mentioned earlier, set out to pay the necessary fees required of you. Hire a veteran lawyer to plead your case before the court of justice.

How Can I Apply For a Divorce by Myself?

It's much possible to apply for a divorce yourself, but wiser to involve the best divorce services providers in Ontario: Positive Solutions. There are many things you could lose out on if you do not involve us. We are the foremost in Ontario, providing mediation services, parenting plans, spousal support calculations, child support calculations, separation agreements, and property equalization. We'll help you avoid getting overwhelmed with your divorce issues, and we are here to lend a helping hand.

Should you decide to travel the lane of getting a divorce, contact Positive Solutions for the best online mediation services for separating couples in Ontario: (888) 779 – 8777.

Positive Solutions Divorce Services®
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Filing For Separation In Ontario
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Barrie ON L4N 9P6

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Jackson Law Firm
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