When you hear people say “simple divorce” they are probably referring to uncontested divorce. Uncontested divorce is when both parties agree to the divorce. Simple divorce does not exist but if both parties are agreeable to the divorce then it becomes simple as there is no litigation.
There are three grounds for divorce;
- The parties must have been separated for at least one year;
- One party treated the other with physical or mental cruelty.
Uncontested divorce can be started by both parties together- Joint Divorce. In a joint divorce proceeding both parties file at the same time to initiate the divorce. One of the advantages of joint divorce is that both parties usually agree to share the costs related to the divorce. A joint divorce is not “quicker” than other divorce proceedings but there is a peace of mind for both parties that they are mutually agreeable to the divorce.
Divorce can also be initiated by one party. If issues such as child support, spousal support, custody, access and property have been settled then one party can commence a Divorce Application in court seeking only divorce. The process is as follows:
The applicant will file an application for divorce with the Ontario Superior Court of Justice. A copy of the application must also be served on the applicant’s spouse, who will be the respondent in the proceeding. The served spouse has 30 days, or 60 if they reside outside Canada, to file an “Answer” if they wish to contest the divorce. Where an Answer is not filed, the court assumes that the respondent does not contest the divorce. This is what is referred to as “Simple Divorce”; there is no litigation between the parties.
Our office can assist you in preparing, filing and arrange for service of a divorce application on your behalf. We help you successfully navigate all the steps of a divorce proceeding and advise you on issues you should be aware of when separating from your spouse and the consequences of your divorce. Contact us today for more information.