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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-13-2006, 04:52 AM
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Question Joint Divorce Procedure In Ontario?

Hi all,

I was wondering if anyone is familiar with the joint divorce procedure in Ontario? What it entails, what r the costs and how long does the process take? Any feedback would be greatly appreciated. Thanks!!

In-Law Trouble
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Old 01-13-2006, 10:54 AM
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Default Joint v simple

Hi In-Law Trouble,

A joint uncontested divorce is much like a simple one. The following are the similarities and differences:

1. Signing the application
With a joint uncontested divorce, both parties sign the application. With a simple uncontested divorce, only the applicant signs.

2. Swearing the affidavit for divorce
With a joint uncontested divorce, both parties must swear an affidavit for divorce once the proceeding has obtained clearance, which takes between 4 and 6 weeks after the application has been issued with the court.
With a simple uncontested divorce, only the applicant swears an affidavit for divorce once the proceeding has obtained clearance and once the respondent has been noted in default after 30 days of being served with the application.
3. Costs
The court costs for a joint uncontested divorce would be the same as with a simple uncontested divorce:
$167.00 (issuing application) + $280.00 (filing of affidavit for divorce) + $19.00 (for each certificate of divorce)
However, if filing jointly, both parties may be looking at additional costs for swearing their affidavits of divorce before a commissioner of oaths or notary public. With a simple uncontested divorce, only the applicant would have to worry about these costs.

4. Timing
Although it is rumoured that an order through a joint uncontested divorce can be obtained faster than through a simple uncontested divorce, it really takes about the same amount of time with both procedures. With a joint uncontested divorce, although the parties don't have to wait 30 days for the respondent to be noted in default, they are going to have to wait between 4 and 6 weeks for the clearance to come in anyway.

Why a simple uncontested divorce is better
Although filing jointly may seem like the most amicable thing to do, it is actually much easier and less risky when parties decide to go with a simple uncontested divorce.

When filing jointly, there is always the possibility that the parties could have a falling out somewhere in the middle of the proceeding. If one of the parties ever refused to swear their affidavit for divorce, the case will be put on hold, and likely eventually discontinued, because the divorce order cannot be obtained without both parties' affidavits for divorce.

With a simple uncontested divorce, however, the applicant does all the work and the respondent has only one job, and that is to accept service of the application and forget about it. Once the respondent is noted in default, he/she no longer has any involvement in the proceeding and he/she does not have the right to stop or hinder the divorce in any way.

Please check out the following thread on simple uncontested divorces:

http://www.ottawadivorce.com/forum/s...tested+divorce

Lindsay

Last edited by Lindsay; 01-13-2006 at 10:59 AM.
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Old 01-14-2006, 08:14 AM
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Smile Thanks for your reply!

Lindsay,

Thanks for providing a detailed info! It provided me with much needed clarity on the subject and greatly helped me in understanding the procedure much better. Thanks for pointing out that a simple divorce is a much better approach than a joint divorce for the reasons u specified! If i have any further inquires on the subject i will send u a post!

Thanks again,

In-Law Trouble
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Old 10-07-2014, 04:13 PM
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Hi Lindsay.. Thank you for being so helpful.

Couple quick questions -
1. in a Joint Divorce do both Parties have to fill out their own affidavit of divorce? The sample in the "A Guide to Procedures in Family Court" shows that you revised the form for both to sign. Is this correct? I am so confused. 2. Can I go ahead and file the Application for Divocre now and pay the $167.00 and then the affidavit of divorce Form 36 comes later after the clearance is this correct?
Just need some confirmation.

Thank you
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Old 10-07-2014, 04:53 PM
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Quote:
Originally Posted by Ottawagal_13 View Post
Hi Lindsay.. Thank you for being so helpful.

Couple quick questions -
1. in a Joint Divorce do both Parties have to fill out their own affidavit of divorce? The sample in the "A Guide to Procedures in Family Court" shows that you revised the form for both to sign. Is this correct? I am so confused. 2. Can I go ahead and file the Application for Divocre now and pay the $167.00 and then the affidavit of divorce Form 36 comes later after the clearance is this correct?
Just need some confirmation.

Thank you
Yes both parties fill out their own Affidavit of Divorce (Form 36). Information entered would be almost identical. This stage can only be completed 60 days after filing the Application for Divorce (Form 8A).

As I mentioned in my reply to your other thread, if you have the time, visit the FLIC in person and they will explain and clarify everything for you.
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Old 12-09-2014, 10:57 PM
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Lindsay, you say that the affidavit for divorce isn't signed in front of them by both of us until clearance has been obtained but the lady at the court office gave me a 'package' and said to fill out all forms and BOTH of us have to go there to sign in front of them... why would she tell me to bring my ex if that's not needed for 4-6 weeks after initially filing? (she said bring it all with the ex too for signatures)

Dan..
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