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-   -   Joint Divorce Process - low cost and low stress (https://www.ottawadivorce.com/forum/showthread.php?t=19675)

YYZDaddy 09-06-2016 02:36 PM

Wondering how this process changes in this scenario:
  • Custody, Access, all financials settled via trial and court order
  • Costs settled via court order
  • Expect stubbornness from ex-wife on Application for Divorce, just because ...
Really just need a rubber stamp divorce, since all details are settled. Joint application unlikely so will have to force the issue.

Couldn't find a similar sticky or posting. Would it be the same process regardless? (Apologies if this is posted elsewhere)

Hoping582 11-15-2016 12:38 AM

This is exactly what I was looking for. Thank you so much.

rollingesto 12-02-2017 08:46 PM

I had originally intended to do this as well. Now almost 7 years separated and kids both >18 I decided to use a service for the divorce as I didn't want to wait around for STBX to drag his feet or find excuses not to have time for this....It was well worth the 400 + tax (plus court fees) to have it done on my behalf.

I started the process late in September as an "sole/uncontested divorce", had adult child serve him the initial papers on Sept. 30 (followed by affidavits of service) so I didn't need to wait for anything from him. 30 days passed, the second filing was done and yesterday I received my divorce order by mail, dated November 17 so the whole process was done in a month and a half! An early Christmas present for sure...

Hoping582 05-15-2018 08:00 PM

Joint application
 
How can we file jointly for divorce if we live 2 hours apart? We also work 2 different shifts.

Berner_Faith 05-15-2018 08:09 PM

Quote:

Originally Posted by Hoping582 (Post 228771)
How can we file jointly for divorce if we live 2 hours apart? We also work 2 different shifts.



I may be wrong but unless you both can attend the court house together you cant file jointly... you can however do an uncontested divorce... I believe in that case only one of you have to attend. Or if you want to file jointly take the morning or afternoon off work and go do it. There are ways if youre willing to make it work


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mom22girls 05-17-2018 08:54 PM

Quote:

Originally Posted by Hoping582 (Post 228771)
How can we file jointly for divorce if we live 2 hours apart? We also work 2 different shifts.



One of you does an uncontested divorce. The other doesnt contest it. IMO its better than joint divorce, you dont have to sit in a waiting room with your ex.


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Janus 06-13-2019 09:50 AM

If I was looking for a good lawyer, should I hire one who tries to advertise his website in a sleazy way? I'm especially interested in a lawyer who has such a shoddy business that he cannot afford advertising, but is also not competent enough to participate meaningfully in the forum in order to gain some measure of respect.


So Hummingbird lawyers or whatever you are called, do you fit the bill? Are you lousy enough to be my lawyer?

Frostrated 08-30-2020 05:28 PM

Hi there. After months of playing games, my ex finally signed the separation agreeement and as of May 15th, I was eligible for a divorce. I'm confused about the process. Everything is done. Kids aren't his, house was signed over to me and we each took our own debt. I want a divorce but I don't know what to do for a simple divorce. I don't know if he'll be a jerk and contest it just to bother me.

Can anyone help me guide me through this? I'm in the Durham Region area and I guess I have to file through Oshawa. I just don't know what forms to fill and how to serve him, since he's never given me an actual address. I think he's still living with his brother but I don't know which unit. I just don't want anymore game playing and I'd like to sever all ties.

Thanks

seeker101 12-14-2020 12:19 AM

Quote:

Originally Posted by Frostrated (Post 243641)
Hi there. After months of playing games, my ex finally signed the separation agreeement and as of May 15th, I was eligible for a divorce. I'm confused about the process. Everything is done. Kids aren't his, house was signed over to me and we each took our own debt. I want a divorce but I don't know what to do for a simple divorce. I don't know if he'll be a jerk and contest it just to bother me.

Can anyone help me guide me through this? I'm in the Durham Region area and I guess I have to file through Oshawa. I just don't know what forms to fill and how to serve him, since he's never given me an actual address. I think he's still living with his brother but I don't know which unit. I just don't want anymore game playing and I'd like to sever all ties.

Thanks

Within the last few months or so, the Superior Court in Ontario has started accepting Online Simple Divorce, Joint Divorce and other filings through the Online Justice Portal, just google it.

The process I followed in a nutshell to get my simple divorce was as followed:
1. Apply online for a simple divorce (Application 8A is issued - you get an email from the court a day later).

2. Print and serve a copy of this Application and a blank Form 10: Answer on your ex. It has to be special service which means you cannot serve this yourself. Hire a process server or have another adult serve (give a copy) to your ex.

3. That process server or adult swears an affidavit of service Form 6B, swearing that they served your ex.

4. Wait 30 days for your ex to respond. If no response is received, that is good. It means you can proceed with simple divorce and follow the steps outlined below.

5. Complete Form 36: Affidavit for Divorce and have it sworn.

6. Log back into Justice Online Portal, select File Documents for Existing Case Option. Then fill in your info and upload PDFs of following doc's:
i) sworn Form 6B (the form you had process server or another adult complete in step 3)
ii) sworn Form 36
iii) copy of marriage certificate (if not already provided when you completed your online application)
iv) copy of child support order (if there are children of marriage and to show the court that CS is already taken care of)
v) draft divorce order - Form 25A.

After a couple of weeks, you will receive an email from the Court if your filings are accepted. If so, they will be presented to the judge. If everything is in order, the judge will sign your draft divorce order. The court staff will email you a copy of the signed draft order.

7. Wait 31 days until the draft order takes effect (i.e. no appeal is made against this order). Once this period passes, complete a draft Form 36B: Certification of Divorce and submit it to the court through the Online Justice Portal in the same manner as I explained above.

8. After a few days, you should receive a signed Certificate of Divorce. This completes the simple divorce process and now you should be able to legally remarry.

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whyme? 03-01-2021 12:46 PM

seeker101 - what were the costs associated with the above online process? Do you need a notary for step 5 (or others)?

Thanks!


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