There’s not a single couple that gets married and expects to eventually take to their computer and look up “how to start the divorce process”. But every day, countless couples find themselves doing exactly that.
When you’re at the end of your rope and divorce is the only way forward, you may find yourself wondering what to expect when divorcing. It’s a difficult time; heartbreaking even. But when you’re ready to get divorced, knowledge is the most important tool in your arsenal.
If you’ve come to a place where you’re searching for divorce lawyers, or you’re just exploring your options, keep reading to understand what to expect when divorcing your spouse in Canada.
A Process That Goes Beyond Paperwork
If you want to know how to start the divorce process, you may be surprised to find out that the process itself involves a lot more than paperwork. While many people think divorce is just about signing forms and waiting for everything to be finalized, the reality is that the legal process is more complex. Here’s what the process includes:
Separation Begins
For most couples, the divorce process starts with a period of separation. In most situations, spouses must live separately for 12 continuous months before a legal divorce can be finalized.
Filing the Divorce Application
Once you’re ready to move forward, a divorce application is prepared and submitted to the appropriate Ontario court. This step involves gathering the required legal documents, such as your marriage certificate and other supporting information. At this point in the process, it’s valuable to employ the help of a family law attorney.
Serving Your Spouse
After your application has been filed, your spouse must be formally notified through a legal process known as service. The documents must be delivered according to Ontario’s legal requirements, and the receiving spouse is given a specific period of time to file a response.
Resolving Issues
The next phase of divorce depends on whether both spouses agree. If all major issues have already been resolved and no disputes remain, the matter can often proceed much more efficiently. If disagreements exist, there may be additional negotiations, mediation, or court proceedings.
The Divorce Becomes Final
Once the court has reviewed the application and all legal requirements have been satisfied, a judge may grant the divorce order. After the required legal waiting period has passed, the divorce officially takes effect.
Getting Help With the Process
Every decision has long-term implications, which is why understanding what to expect when divorcing is so valuable before moving forward. If you’re ready to take that step, our family law attorneys are there to guide you through the process.
At Paul Cooper Family Law, we’ve been guiding couples through divorce proceedings since 2011. Our exclusive focus on family law allows us to provide knowledgeable, personalized guidance through every stage of the process. Because we’ve helped countless families navigate similar situations with clarity and confidence, you can trust our team to help you move forward with experienced legal guidance tailored to your unique circumstances.