Divorce Requirements

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DIVORCE LAW OFFICE OF ERWIN SELTZER

UNCONTESTED DIVORCE TELEPHONE CONSULTATIONS ARE ALWAYS FREE

CALL US TODAY – (905) 474-4333

WE CAN ONLY HANDLE YOUR UNCONTESTED DIVORCE AT THE LOW PRICE OF $499.00, IF YOU MEET THE FOLLOWING REQUIREMENTS:

Easy Divorce

1. Your Ontario divorce must be a simple divorce, which means that you are asking the court only for a divorce. You are not asking for child custody, child support, child access or visitation, spousal support, property or debt equalization or division or any other claim other than a divorce.

(If you have disputes with your spouse and you want the divorce court to deal with other issues such as; child custody, child support, child access or visitation, spousal support, property or debt equalization or division or any other claim other than a divorce, you will be required to file a divorce application containing all your claims. We do not offer this service at this time and we suggest that you contact another family law lawyer for assistance with these issues.)

File For Divorce

2. Your divorce must be uncontested, which means that your spouse must agree to a simple divorce without any other claims and agree not to respond to your divorce application or file an Answer. Please make sure your spouse is in full agreement before you start.

(If your spouse changes his or her mind and responds to, contests, fights or defends the Divorce Application, by filing an Answer, your Divorce is no longer uncontested and our uncontested Divorce services and retainer are at an end. You will have to continue the Divorce proceeding on your own or retain another Ontario Divorce lawyer as we do not offer this service at this time. Please make sure your spouse is in full agreement before you start a divorce with us.)

Thornhill Uncontested Divorce

3. Your spouse must cooperate with the uncontested divorce by agreeing to come to our law office with identification (drivers license) so that we can personally give your spouse a copy of all the divorce papers. If your spouse lives out of Ontario but in Canada, we can serve your spouse by regular mail provided that your spouse agrees to sign and return to us, an acknowledgment of receipt postcard, confirming that he or she has received the uncontested divorce papers. If your spouse is not willing to cooperate with the service of divorce papers, this may be a sign that your simple divorce will be contested. If your spouse lives outside of Canada we will not be in a position to offer this service at this time and we suggest that you contact another family law lawyer for assistance with these issues. Please make sure your spouse is willing to cooperate before you start a divorce with us.

(If your spouse is not willing to cooperate with the service of simple Divorce papers, this may be a sign that your Divorce will be contested. If we start the Divorce and your spouse later changes his or her mind and does not cooperate, our uncontested Divorce services and retainer are at an end. You will have to continue the Divorce proceeding on your own or retain another Ontario Divorce lawyer as we do not offer this service at this time. Please make sure your spouse is willing to cooperate before you start a divorce with us.)

Thornhill Uncontested Divorce

4. You or your spouse cannot have started a divorce at an earlier date and then not continued with it. There can only be one divorce proceeding in the system. If you or your spouse has previously started your divorce and you want us to start a new divorce, you must either have your earlier divorce discontinued by the court or you or your spouse must withdraw it.

(If you do not advise us of a previous divorce and we file your new divorce and it cannot continue, our uncontested Divorce services and retainer are at an end. You will have to continue the Divorce proceeding on your own or retain another Ontario Divorce lawyer as we do not offer this service at this time. Please make sure that an earlier Divorce has not been started before you state a divorce with us.)

Newmarket Uncontested Divorce

5. Your divorce grounds must be based upon a one-year separation. The Divorce Act requires that “the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding”. You must have the intention of being separated.

(In certain situations, such as economic necessity or child related reasons, you can still be considered as legally living separate and apart, even though you are still sharing the same home. If the one year separation period starts and then you resume cohabitation during a period of, or periods totalling, 90 days or more, with reconciliation as its primary purpose, your one year separation period ends and if you then separate again, you must start over and wait another year from the time of the second separation. You can start the Divorce before the one-year has passed however the court cannot grant the divorce order until the full one-year separation period has passed. Although you can also base your divorce on the grounds of adultery or cruelty we cannot offer our uncontested Divorce services based on these grounds. A divorce based upon these grounds can be more complex and can take substantially more time to complete. We do not offer this service at this time and we suggest that you contact another family law lawyer for assistance with these issues.)

Markham Uncontested Divorce

6. You or your spouse must have been ordinarily resident (living) in Ontario for at least one full year prior to starting your uncontested divorce proceeding and you or your spouse must continue to reside in Ontario for the duration of the divorce.

Thornhill Uncontested Divorce

7. Our uncontested divorce services are restricted to a specific geographic area. You or your spouse must live in one of the following locations:

Toronto and GTA, including;
Toronto | North York | Scarborough | York | East York | Etobicoke

York Region, including;
Vaughan Markham Richmond Hill | Thornhill | Maple | Aurora | Newmarket | East Gwillimbury | Nobleton

Peel Region, including;
Mississauga | Brampton | Town of Caledon | Bolton | Palgrave

Durham Region, including;
Pickering | Whitby | Ajax | Oshawa | Clarington | Uxbridge | Port Perry

Aurora Uncontested Divorce

8. If you have children of the marriage, you should first settle all issues relating to the children, such as custody, access or visitation, child support, etc. The Divorce Act requires that you pay child support in accordance with the Federal Child Support Guidelines. Click here for the government website which provides information about the guidelines. We cannot provide our uncontested divorce services to you if you or your spouse is required to pay child support and it is not being paid in the correct amount, in accordance with the Federal Child Support Guidelines.

(We would very strongly recommend that you and your spouse sign a proper separation agreement, which sets out your agreement regarding child custody, child support, child access or visitation, spousal support, property or debt equalization or division and any other issues relating to your marriage and separation, before you start your Divorce. A Separation Agreement is good common sense but is not a legal requirement. Kindly note that we do not prepare separation agreements and you should retain another lawyer if you require a separation agreement. Please note that as part of the Divorce paperwork for the court, you must sign an affidavit setting out incomes and the amount of child support being paid and that you or your spouse is paying child support in accordance with the Federal Child Support Guidelines. If you are not paying the correct amount or if a Judge determines that the correct amount of child support is not being properly paid, the Judge will not grant your Divorce and if this happens, our uncontested Divorce services and retainer are at an end. You will have to continue the Divorce proceeding on your own or retain another Ontario Divorce lawyer as we do not offer this service at this time. Please make sure that you are paying the proper amount of child support before you start your Divorce with us.)

Maple Uncontested Divorce

9. If you have any spousal support, property or debt equalization or division claims or any other claims or issues, other than a divorce, you should first settle all these issues before you commence your uncontested divorce with us. There are certain legal time limitation periods under the law, within which you must make a claim and if you do not make a proper legal claim before that time period expires, you lose your rights to make such a claim. We do not provide this advice or information as part of our service and we strongly recommend that you immediately contact another family law lawyer to obtain proper legal advice regarding these issues before you commence a divorce with us.

(We would very strongly recommend that you and your spouse sign a proper separation agreement which sets out your agreement regarding spousal support, property or debt equalization or division and any other issues relating to your marriage and separation, before you start your Divorce with us. A Separation Agreement is good common sense but is not a legal requirement, however you can lose some or all of your legal rights if you do not have a Separation Agreement before you start your Divorce. We do not offer this service regarding the preparation or review of Separation Agreements at this time and we suggest that you contact another family law lawyer for assistance with these issues.)

Woodbridge Uncontested Divorce

10. The Court Requires The Following Documentation:

(a) Your Original Marriage Certificate. If in your current marriage, you were married in Ontario, this would have been provided to you at the time you were married and would be a Government document called either the Registration of Marriage or the Certificate of Marriage. If you have received a marriage certificate from a church or other religious organization in Ontario, this may not be accepted by the divorce court. If you do not have your Marriage Certificate and you were married in Ontario you can easily obtain a replacement from the Registrar General’s Office. Click here to order a replacement. (Note: the less expensive $15.00 Marriage Certificate (file size) will be accepted by the divorce court). If in your current marriage, you were married outside of Ontario you must obtain a certified replacement Marriage Certificate from the appropriate government office where you were married. You must obtain an English certified translation of your marriage certificate if it is not in English.

(b) Prior Divorce Judgment, Order or Certificate. If in your current marriage, you were married outside of Ontario and if either you or your spouse was previously divorced, the court requires proof of your or your spouse’s prior divorce. If this applies to you or your spouse, you will need to provide us with a copy of yours and/or your spouse’s prior Divorce Order. If you no longer have a copy, please obtain one from the court, which granted your prior divorce and/or your spouse’s prior divorce. You must obtain an English certified translation of the divorce order if it is not in English.

(c) Previous Spouse’s Death Certificate. If in your current marriage, you were married outside of Ontario and if either your previous spouse or your current spouse’s previous spouse has died before your current marriage, the court requires proof of your previous or your spouse’s previous spouse’s death. If this applies to you or your spouse, you will need to provide us with a copy of your previous spouse’s and/or your current spouse’s previous spouse’s death certificate. If you no longer have a copy, you must try to obtain a certified replacement from the appropriate government office where the death was registered. You must obtain an English certified translation of the death certificate if it is not in English.

Toronto Uncontested Divorce

11. For these simple uncontested divorces, the only appointment times we have available to meet with you and serve your spouse are on Saturdays between 9:30 am and 1:00 pm. If you and your spouse are not available to attend at our office on Saturdays between these times we will not be in a position to provide our legal services to you.

Thornhill Uncontested Divorce

If you can meet all these requirements than we would be pleased to act on your behalf to obtain an Uncontested Divorce at the low fee of $499.00.

Please call us today at (905) 474-4333.

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TORONTO | YORK REGION | PEEL REGION | DURHAM REGION | ETOBICOKE | SCARBOROUGH | YORK | NORTH YORK | EAST YORK | VAUGHAN | MARKHAM | RICHMOND HILL | THORNHILL | WOODBRIDGE | MAPLE | AURORA | NEWMARKET | MISSISSAUGA | BRAMPTON | OSHAWA | PICKERING | AJAX | WHITBY
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The information and contents provided on this website are for general information purposes only. It is not intended or meant to be legal advice of any kind whatsoever and use of this website does not create a lawyer-client relationship with Erwin Seltzer, Barrister & Solicitor. The information on this site only pertains to divorce law in the Province of Ontario, Canada, and no other jurisdiction. If you want information, legal advice, or a legal opinion relating to your specific circumstance, you should consult a competent divorce and family law lawyer. We try to keep this website current however, the divorce law is constantly changing due to legislation or new court decisions. Court procedures, costs and requirements such as service of documents can change at any time and the cost to obtain your divorce may increase for you, which is beyond our control, even after your case has been started. We try very hard to keep you informed of any changes to costs and procedures however sometimes errors occur.

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