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    when can leagaly file for an uncontested divorce and how long will it take:

  • #2
    You can file for a divorce after 1 year of separation. It usually takes about 3 months for the paper work to go through the court system. Once you receive your divorce degree, it takes affect after 31 days.

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    • #3
      Do you live in Ottawa? The times and regulations of when you can file for divorce can differ depending on where you are located.

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      • #4
        uncontested divorce

        No I do not live in Ottawa I live in south western On.

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        • #5
          cturnerc,

          Anywhere in Ontario, the information given by Grace is correct. I just wanted to add in though, the approximate 3 months of processing starts when the respondent is served with the application.

          Lindsay
          Last edited by Lindsay; 12-22-2005, 11:15 AM.

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          • #6
            separation

            are there any papers that need to be filed to start the separation?
            ct

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            • #7
              No, you don't have to file anything with the court for the separation to commence. The date of separation begins on the date on which it was your intention to be separated from your spouse.

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              • #8
                How do they realise your "intention" though.
                And what if the spouse doesnt agree on that date?

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                • #9
                  Please check out this other thread:

                  http://www.ottawadivorce.com/forum/s...ted=1#post1954

                  With an uncontested divorce, the court relies on the fact that the respondent did not contest the date of separation as listed in the application by noting him or herself in default. Being noted in default occurs when the respondent has not served and filed an answer to the application within 30 days of being served with same. The court also relies on the sworn oath/affirmation of the applicant in which he or she provides the date of separation. The oath/affirmation I am referring to is the affidavit for divorce, which is filed with the court after the respondent has been noted in default.

                  Lindsay
                  Last edited by Lindsay; 01-04-2006, 10:52 AM.

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