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Asked Questions

  • How do I apply for a legal separation?
    There is no such thing as "filing for legal separation" in Ontario. You are legally separated once you and your spouse are living separate and apart (definition can be found here). It is recommended to have a separation agreement in place to agree on how you both will navigate finances, child care/custody, support, etc during the period you are separated and (if you choose to be) divorced. Equivorce can help with your separation agreement needs, so we recommend you book a consultation.
  • What is an uncontested divorce?
    An uncontested divorce is a divorce where both parties agree on everything (they reach a settlement) OR one party files for divorce and the second never responds to the divorce filing nor appears in court. At least 90% of all divorces are uncontested.
  • What documents do I need to get started?
    You must have the original marriage certificate. If you have misplaced it, we can help you order a new one directly from Service Ontario for $15. If you do not have your marriage certificate, you can still get the divorce application process started with us while waiting for the new marriage certificate to arrive (this can help save tons of time) If you have any signed written agreements pertaining to your separation/divorce (i.e separation agreement, coparenting plan, etc), we will also require a copy. For a full list of what to prepare, click here.
  • Do I need my original marriage certificate?
    Yes, you will need to supply us with the original marriage certificate. If you were married in Ontario and have misplaced your original certificate, we can help you to apply for one directly from Service Ontario (they charge $15). If you were married outside of Ontario, and have no way of obtaining a certified copy of the original marriage certificate, please let us know during your consultation.
  • My spouse lives in another province/country, can I still get a divorce?
    As long as one of you are living in Ontario for at least 1 year, you can still file for divorce. You are still required to serve a copy of the application to them (we help with this process), or if you spouse is willing to participate in the process you can apply jointly (highly recommended). We have helped many clients successfully obtain a divorce despite their spouse living outside of Canada. For more information on how it works to apply for divorce with one spouse living in another country, please read this.
  • I recently separated from my spouse, can I apply for my divorce now?
    Yes, you can apply for your divorce however in Ontario it is required that you are separated for at least 1 year before the final divorce order can be issued. Many clients choose to get started on the process earlier than 1 year as various factors can affect how long the court can take to process your paperwork. Note: many people confuse the date of separation with the date you decide to get a divorce or the date you decided to move out. Living separate and apart can occur as early as when you stopped sleeping in the same bedroom, sharing meals or sharing finances. It is very common that couples choose to live in the same home (most often for finance reasons or children) but are no longer living as a married couple. We recommend booking a consultation to find out how the date of separation effects the application process.
  • I don't know where my spouse is. Can I still proceed with a divorce application?
    Yes but it will be a slightly different process than our standard uncontested divorce. We recommend you book a consultation with us and provide as much information so we can properly determine the service that would best assist you. A "missing spouse" divorce is very common, and we have assisted many clients in successfully obtaining their divorce under these circumstances.
  • How long will the entire process take?
    We work very quickly to complete your intake, prepare your paperwork, and file your application which can all be completed within 1-2 days. Once we file the application, the process can take as little as 2 months, but in some rare circumstances it could take upwards of 6 months. In any circumstance, we diligently follow up with the court to receive updates on your file up until it is successfully completed.
  • Will I require a separation agreement?
    NO you do not need to have a separation agreement to apply for an uncontested or joint divorce. However, it is a very clear and solid way to have a concise written agreement regarding how you & your spouse have decided to handle all matters, including children/parenting/support etc. This can be very helpful to provide in your application to prove there is an agreement between spouses in place that has been signed on paper. There are cases where we have helped our clients obtain their uncontested or joint divorces without a separation agreement, however not everyone meets the criteria to do so. To quickly find out if you meet this criteria, book your free consultation now. If you & your spouse do not have any (dependent) children, jointly owned assets/debts, or any other outstanding unresolved financial matter, then you likely do not need a separation agreement.
  • Do I need to serve a copy of the divorce application to my spouse?
    If you are applying for an uncontested divorce (one party) then yes a copy of the divorce application must be served onto the other party. You will not be responsible for serving this copy to them personally. There are many methods we use to serve the other party, and the best method can be determined during a consultation with us. Methods include asking a friend or family member to serve them, or we can hire a process serve to have them served, or if your spouse is willing to sign & mail back an acknowledgement form then we can mail them a copy.
  • How much are the court fees?
    Total court fees are $632 CAD (To file the initial application $212, and to file the remaining paperwork (about 6-10 weeks later) $420) If you have extremely low income or few assets, you may qualify for a court fee waiver which can waive all fees except $10 and you must submit a court fee waiver form in your divorce application. The criteria to qualify is very specific, and you must meet that criteria in order to be eligible. During your consultation, we can help determine right away if you meet the criteria or not. The court fee waiver form only applies to the court fees. It does not apply to Equivorce's fee. Note: Non-residents of Ontario are not eligible to apply for a court fee waiver. Also, if you apply jointly, both parties must meet the waiver criteria.
  • How much will it cost?
    An Equivorce uncontested divorce costs $1,997 CAD (court fees included) For a detailed summary of our fees, view our pricing page. Note: This fee covers our entire service from start to finish, AND includes the court fees charged by the court. Our dedicated & trained staff will handle the process every step of the way. Unlike other services, we will NEVER require you to fill out any long boring complicated intake forms, edit your own forms, find or hire someone to serve your spouse, or any other confusing tasks.
  • My marriage certificate is in a language other than English, can I still use it for my application?
    The court will only accept marriage certificates in English OR ones that have been (certified) translated to English. If your marriage certificate is in a language other than English, please let us know and we can help you have it translated by a trusted service.
  • How do I edit or remove the “FAQ” title? (Demo)
    You can edit the title from the Settings tab in the app. If you don’t want to display the title, simply disable the Title under ‘Info to Display.’
  • What is the difference between an uncontested divorce and joint divorce?
    An uncontested sole divorce application is when one party files the application and names the other party as a 'respondent'. This only requires 1 signature, and the application will be served onto the other party. In an uncontested divorce, it is expected that the application will go unanswered by the other party, thus resulting in a "default" divorce (no response or counter claims by the other party). A joint divorce application is when both parties apply for the divorce together. It requires both parties to sign the application and the accompanying affidavits. A joint application is highly recommended however it doesn't necessary work best if both parties aren't willing to participate fully in the initial process. We handle both types of divorce and are happy to help determine which service is best suited during a consultation.
  • How does it work?
    We have a simple 3 step process. First, we complete a quick intake process where we gather all the information & documentation required. Next, we get to work on preparing your paperwork. Lastly, we have you review & sign, then we file your paperwork. We will continuously follow up with the court from start to finish, all while keeping you updated along the way. As long as your application stays uncontested and no further claims are made, a divorce order can be issued by the Judge (in many cases we have successfully obtain the divorce order in under 2 months) Equivorce exclusively handles uncontested/joint matters. To quickly find out if you meet this criteria or not, book your free consultation now.
  • Do I need my spouse to sign the divorce application?
    No, your spouse is not required to sign the application if you are not applying jointly. An uncontested divorce is typically granted so long as all the application requirements are met and the application goes uncontested once served onto the other party.
  • What are the court fees?
  • Do we need a separation agreement?
  • How long will the entire process take?
  • My spouse is willing to sign the papers, but will not speak to me. Can we still apply jointly?
  • What is a joint divorce?
  • What documents will I need?
  • My spouse lives in a difference province/country, can we still file jointly?
  • How much will it cost?
  • Will we have to go to court?
  • What is an FAQ section? (Demo)
    An FAQ section can be used to quickly answer common questions about you or your business, such as “Where do you ship to?”, “What are your opening hours?” or “How can I book a service?” It’s a great way to help people navigate your site and can even boost your site’s SEO.
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