The grounds for divorce are established if: either a) the spouses have been living separate and apart for a year; or b) a spouse has committed adultery since the established date of the marriage; and/or c) a spouse has treated the other spouse with physical or mental cruelty making it impossible for them continue to live married to each other.
No, you do not need a lawyer for an uncontested divorce. However, a lawyer can help you understand the law and how getting a divorce will impact your rights and obligations. These obligations include: who gets the children, and how much the other has to pay for their support and how long, spousal support, and finally how the family property and assets are divided.
To learn more about your rights and obligations, please fill out our free consultation form and our Senior Lawyer Timothy Kinnaird will be available to consult with you on the specifics of your case.
An uncontested divorce is when you and your spouse both want a divorce now. Property, asset and spousal support issues do not need to be settled immediately in order for you to get an online divorce. However if there are children in the marriage, before you can get an uncontested divorce, the parties must come to an agreement about the children’s custody and support.If both parties have agreed as to who gets custody of the children and who pays support, our Family Law Lawyer Timothy Kinnaird can provide for you a simple and enforceable written agreementthat protects you and your children’s best interests and enables you to proceed to obtain your uncontested divorce. To purchase or find out more about our Child Custody And Support Agreement please click here.
At Do It Yourself Divorce Online, we have a variety of pricing options depending on your comfort level and how much you want to participate in the divorce process. There no hidden fee’s and our prices start as low as $147.00 for a Do It Yourself Joint Divorce. The only thing you are responsible for are your court filing fee’s, which may differ from province to province.
*Did you know that Do It Yourself Divorce Online can save you up to $300 in your court filling fee’s. To see if you qualify for a free waiver, based on low income, for your court filling fees please call or e-mail our office.
At Do It Yourself Divorce Online, we also provide you withthe option of having your entire divorce handled by our Senior Lawyer Timothy Kinnaird. If you are interested in this please click here.
The breakdown of the marriage or grounds for divorce are established if: a) the spouses have been living separate and apart for a year, b) if the spouse who is being divorced or against whom the divorce proceeding is brought has committed adultery since the established date of the marriage, and c) if the spouse who is being divorced, or against whom the divorce proceeding is brought, has treated the other spouse with physical or mental cruelty making it impossible for spouses to live together from the established date of the marriage.
A joint divorce involves both spouses filing, signing and completing all documents for the divorce. A joint application for divorce can be done with or without orders. Orders are other agreed upon issues such; as child support payments, custody, and access, and the division of family property and assets. These orders can be included only if both spouses agree to the terms of the order.
If one spouse changes there mind after the divorce documents have been filed and signed then your divorce has become contested and will require the services of a lawyer. Please feel free to contact one of our legal representatives so that you can learn about your options when a divorce gets contested.
Separation agreements deal with issues such as: with whom the children will reside with and how often the other parent will see them, child support, spousal support and division of family property and assets. It is an extremely important contract and the consequences of it will impact you and your children significantly for the rest of your lives. Sometimes parties are able to work out the terms of their separation by writing them down informally, so technically you do not need a separation agreement to get a divorce. However, we highly advise against this, as a separation agreement is the most important step in obtaining your divorce and starting a new life separate and apart from your former spouse. The impact of an informal separation agreement may be harmful, as you may discover in the future that your separation agreement may not be a legally binding and enforceable contract. This may happen long after your rights to make a claim have expired.
You must make sure that you understand what the separation agreement says and that you agree to the terms. We highly advise you speak to a lawyer to make sure you know all your rights and obligations, as well as the legal and financial consequences of your decisions. Be sure to have our lawyer review your separation agreement before you sign it.
Because separation agreements can have such significant effects on the lives of the parties, two Certificates of Independent Legal Advice, referred to as “ILA s” are required to certify that both parties has been advised by a lawyer of all of their legal rights and obligations, that they are aware of the meaning of the agreement, and that the agreement is being signed freely and without duress. When the lawyer for one party drafts a separation agreement, the other party will be required to see an independent lawyer, review the agreement, and obtain an ILA Certificate to be included with the agreement. An ILA Certificate bars parties from later claiming that at the time they signed the agreement, they were ignorant of the law, did not understand the terms of the agreement and/or were forced to sign it. It also further ensures the agreement is enforceable. An ILA Certificate for both parties is usually made mandatory by the lawyers of the parties. At Do It Yourself Divorce online we offer services that may compliment your divorce such as Separation Agreements and Certificates Of Independent Legal Advice. To find out more about our products please click here.
When the parties have decided to separate, they usually both start out wanting a divorce. The contest is usually over other issues besides terminating the marriage. A divorce will typically get contested when one party refuses to consent to a judgment for divorce until other issues are settled between the parties. Generally, there are three major issues that can make a divorce “contested” and they involve: custody and access for the children, child and spousal support, and the splitting up the family property and assets.
If your divorce becomes contested please request one of our free consultations and make an appointment with our Family Law Lawyer Timothy Kinnaird, so that he can best advise you on how you can move forward when your divorce has become contested.
An uncontested divorce can be acquired in as little as six to eight weeks. It is always a matter of how busy the court office is, and if you have filled out your paperwork properly. With our basic silver package, if you follow our instructions to the letter, and get your ex- to sign the appropriate documents, take the days off work to go to the court office immediately and file the material with the court, and if you both reside in Ontario,you can expect a judgment for divorce back within 3 to 5 months. Times vary from province to province.
If you purchase our Gold Service and allow our trained staff to do your entire divorce for you, by attending to the immediate filing of all of your documents with the assurance that there will be no court office rejections, we have seen divorce judgments obtained in as little as five weeks. With our gold service you can be assured that it will be done right the first time and for far less than a lawyer or paralegal would charge. Click here to find out more about the right package for you.
You are considered legally separated the day you both agree that the marriage is finally over and you begin living apart from one another with no intention of getting back together. You may apply for an online divorce at any time after separating, but you must wait a year after the date of separation to get the divorce judgment granted. The only exception to this is if you are asking for a divorce on the grounds of adultery or mental cruelty. In this case you can get a divorce at any time after separation..
Please take note that after separation not everyone can afford to live in separate households.You can continue to reside under the same roof, and still be considered living separate and apart, if both parties agree that the marital relationship is over and you are no longer behaving as a married couple. In the event the date of separation becomes disputed, the courts usually require clear evidence of the end of the marital relationship such as: an acknowledgement in writing, or evidence that the parties are no longer sharing social or family events together.
If you have any questions or concerns, or are unclear about whether you are living separate and apart, then please contact us and one of our legal representatives will be able to assist you.
When there are children in the marriage, before you can file for a divorce online, all issues with respect to child custody such as; with whom the children will live, visitation rights and child support (who pays and how much) must be resolved. The amount to be paid for child support is usually set by the Federal Child Support Guidelines. To calculate child support payments that meets the Federal Child Support Guidelines click here.
If there are children, before you can get your online divorce you will need an enforceable child custody and support agreement. To find out more and get yours now please click here.
If you have children, a court will not grant the divorce until you have ensured that child support and custody arrangements have been made and that both parties agree to the terms. However all other issues such as spousal support, and the division of property assets and the family home do not have to be resolved. You have up to a period of 2 years after the divorce or 6 years after separation to come to an agreement about these issues or to take your spouse to court if you both cannot agree on the terms of the settlement.
No, you can settle these issues the cheapest and most efficient way by use of a separation agreement. Most spouses do not need to go to court to settle their family law disputes. Some can come to an agreement on the issues themselves,or with the help of a family lawyer.
A private deal can be far less expensive, faster andless painful than a public fight. You are invited to obtain a free consultation withour Family Law Practitioner Timothy Kinnaird to learn about why a separation agreement may be the best solution for yourdivorce. He will review your personal situation, explainthe law and what is requiredfor your separation to be considered a legally binding agreement. This willthen allow you to proceed in getting your uncontested divorce online.
If you intend to divorce, normally you would serve your spouse with divorce documents. If you cannot locate your spouse and have tried diligently,a court can make an order providingan alternate way of serving documents. You need to demonstrate to the court that you have made efforts in locating them that were unsuccessful. You may speak to our Family Lawyer Timothy Kinnaird about other available options, or obtaining a court order.
No, only married spouses need a divorce. Common law spouses however face some of the same issues as a married couple such as: child custody access and support, and the division of jointly owned property and assets. An important distinction between married and common law spouses is that, a former married spouse gets to share in the all of the property gained during marriage, whereas a common law ex-spouse does not. There are exceptions to this rule and a free consultation with our in houseSenior Lawyer Timothy Kinnaird may assist you in the determination of your share, as well as advise you about your rights and obligations arising from a common law relationship.
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