Grounds for divorce
The court will grant you a divorce if:
- You and your spouse have lived separately for at least one year (although you may begin the filing procedure anytime after your separation begins).
- Your spouse against whom the divorce is sought has committed adultery.
An Application for an uncontested divorce may be brought to the court in two ways:
- Simple Application: A simple application deals solely with a request for divorce (and no other claims such as division of property).
- Joint Application: A joint application is brought by both spouses jointly, and must be on consent of both parties (a joint application may deal with other claims insofar as both parties are in agreement).
With respect to a simple application for divorce, after the Application is filed with the court, a copy must be served to your spouse. Your spouse then has 30 days (60 days if served outside Canada or the United States) to respond to the court if he/she wants to contest the divorce. If he/she does not file an Answer within the prescribed time, the divorce becomes “uncontested” and you may then proceed to file for a Divorce Order and obtain a Certificate of Divorce.
The cost for an uncontested divorce is a flat rate* of $1,400, inclusive of fees, disbursements & HST.
This rate includes:
- Required forms
- Application (Divorce) Form 8A
- Affidavit of Service Form 6B
- Registration of Divorce Proceeding Form
- Affidavit for Divorce Form 36
- Divorce Order Form 25A
- Court filing fees
- Drafting legal documents
- Service of documents
- Commissioning of required affidavits
- Certificate of Divorce
* Please be advised that in the event the respondent files an Answer to your Application and the claim becomes contested, your case will proceed at the usual hourly rate due to the further complexity of issues involved and additional time required.