Family Law

A divorce refers to a legal document issued by the Court that terminates a couple’s legal marriage. There are three ways to obtain a divorce in the province of Ontario, if there has been adultery in the relationship, if one party has committed acts of cruelty against another party, or, if the parties have lived separate and apart for one year.

You will need an original copy of your marriage certificate in order to obtain a divorce. If you do not have a copy, you can apply for one at Service Ontario for a fee. http://orgforms.gov.on.ca

The court system in Ontario has been greatly burdened by the Covid 19 pandemic. When the pandemic began in 2020, thousands of court dates were cancelled as the Ministry of the Attorney General tried to determine how the court process could continue while taking into account the safety precautions being put in place by the Ontario government. The pandemic also brought about a surge of new Family Law cases as millions of people were forced to remain at home for weeks and months at a time. As a result, court resources are stretched to the limit and court time is at a premium. One of the first things I warn clients considering using the court process about is that the court process is quite slow and court dates can be months apart. A lot of patience is needed to engage in the court process.

Part of the court process is providing financial disclosure. The basic financial disclosure that is required of most litigants is the party’s Notices of Assessment from the Canada Revenue Agency for the past three years, proof of the party’s current income and proof of their current assets and debts. If you do not have copies of your Notices of Assessment, you can contact the Canada Revenue Agency and they can be sent to you, or the CRA can help you set up access to the CRA portal so that you can access those documents yourself.  

In the aftermath of the Covid-19 pandemic, there has never been a better time to seek out alternative methods of dispute resolution outside of the court process. Methods such as  mediation, collaborative family law and arbitration are all effective methods to resolving any family law issues and can save you time and money in the process. The following are links to more information about these options:

Mediation – https://www.familycourtmediation.ca/

Collaborative Family Law – https://oacp.co/collaborative-divorce/

Arbitration – https://www.ontario.ca/page/family-arbitration

Unfortunately, for most individuals, retaining a lawyer is an expensive endeavor that leaves individuals feeling stretched to the limit financially. If you have concerns about being able to afford legal representation, contact Legal Aid Ontario to see if you qualify for a Legal Aid certificate. If you are approved, you will be able to retain a Family Law lawyer that accepts Legal Aid certificates and most of the costs of legal fees will be covered by the government of Ontario.

If you do not qualify for Legal Aid but cannot afford to retain a lawyer, seek out a lawyer who offers “unbundled services.” This means, a lawyer who is willing to provide limited services for a limited retainer. For example, if you are very anxious about attending court on your own, you can just retain a lawyer to attend court with you, while you complete all the other work yourself. Or, you may want a lawyer to draft your documents for you. This is a cost effective way of getting help where you need it.