You Intend To Have An Uncontested Divorce
You expect that your divorce will be an uncontested divorce or, your spouse has agreed to get a divorce and you don’t foresee any objections to the terms of the divorce from either parties. If you believe your divorce may get contested it is best to seek legal advice from one of our lawyers. To book a FREE Consultation regarding your online divorce with one of our lawyers please click here.
Original Marriage Certificate
You must have your original GOVERNMENT ISSUED Certificate of Marriage or a Certified Copy of the registration of marriage in order to get an online divorce. Other certificates such as those issued by the person who performed the wedding ceremony or the church will be rejected by the court. To obtain a legal copy of your Marriage Certificate please click here. (link to marriage certificate on product page)
You Have Been Separated For One Year
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 that date to get the divorce judgment granted.
Take note that after separation, not everyone can afford to live in separate households. To find out how you can be legally separated yet still live in the same household please click here. (link to separation page and FAQ’s on separation)
One Year Residency
If applying for an Ontario divorce, both you or your spouse must have spent at least one year living in Ontario prior to applying for your divorce, and at least one of you must continue living in Ontario when the divorce is granted.
Children Of The Marriage And Child Support
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 and 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. (link to our table)
If there are children, before you can get your online divorce you will need an enforceable child custody and support agreement. To get yours now please click here.
Division Of Family Assets And Spousal Support
In order to file for an online divorce, it is NOT necessary that these issues be settled at the time of filing for your divorce. You have a period of up to 2 years after a divorce judgment to settle issues regarding the division of family assets and spousal support. However, if you have concerns we highly recommend that you seek legal advice from one of our lawyers to determine your rights and options in the division of family assets and spousal support. If you have come to a settlement, you will need a valid and enforceable separation agreement. To obtain your separation agreement and a certificate of independent legal advice that is required to make a separation agreement valid and enforceable please click here. (link to separation agreement product page)
Requirements for An Online Joint Divorce
The requirements for an Online Joint Divorce are the same as an Online Divorce with the exception of the following:
Parties Have Agreed To Get A Divorce Jointly
You and your spouse have both agreed to get a divorce and you will both complete the necessary documents required to get a divorce judgment.