Hiring Lawyers vs. Getting a Divorce Online in Ontario

Family Law in Ontario is notoriously murky and flawed. Lawyers charge enormous amounts of money; judges are in low supply; courts struggle with the workload. The most effective strategy for divorcing couples is to deal with all their issues and disputes on their own before going to court. How can they do it? There are several options, each different in length and cost.

The Divorce Process in Ontario

Theoretically, Ontario divorce proceedings are simple and straightforward. Once the divorcing spouses figure out their parenting duties and responsibilities, arrange child support and spousal support (alimony), and split their marital assets, they memorialize their agreement in writing and submit an application for divorce to the court. The court’s role is to ensure that the settlement agreement is fair for all the parties involved (primarily for the children of the couple).

The divorce process gets expensive, complicated, and unpredictable if the spouses fail to agree on said issues. Then the judge has to get involved and settle the matters of their dissolution for the spouses. Whereas the first, simple scenario is possible without an attorney, the second, complicated case can only be done through legal representation in court. Thus, each couple decides whether to hire a lawyer based on their ability to communicate and agree.

The Worst-Case Scenario in Ontario Divorce

When one of the spouses refuses to accept the divorce or disputes any of the settlement suggestions, the case can become contested. The spouses can mediate before the case reaches the court to keep divorce-related expenses down. A contested divorce that goes to court rarely costs less than $50,000. As for the maximum number, it can exceed several hundred thousand dollars. If you are the petitioner (the spouse who initiates a divorce), you have several options.

You can hire a family lawyer just to prepare the paperwork. However, your partner’s refusal to sign the papers will qualify your case as a contested divorce, which will involve filing endless motions and attending pre-trials and trials. A lawyer will help you deal with it, but it will cost you an arm and a leg.

Alternatively, you can try family mediation as bitter divorces are imbued with negative emotions that lawyers are unable to address. Experienced mediators are trained to untangle the web of anger, frustration, and pain and act in the best interests of all parties involved. What’s more, mediation significantly reduces the cost of divorce for each spouse.

The Best Case Scenario in Ontario Divorce

When spouses agree on child custody, property division, and support, that’s the best thing that can happen to their dissolution of marriage. This means that they can have not only an uncontested divorce, which is an amicable, blame-free way of ending a marriage, but also a DIY divorce, which can be the fastest and cheapest option in Canada.

In a Do-It-Yourself divorce, spouses complete and submit the divorce papers to the court on their own. When spouses want to apply for divorce, they can do it together as a joint divorce. The couple can get a divorce application from a local courthouse or a family law information center or download it from the Ministry of Attorney General website. After spouses complete the forms carefully, they submit them at the courthouse in the province/territory in which they live.

Many spouses would prefer a little bit of assistance with their divorce documents preparation. For this purpose, online divorce services are available at very affordable pricing. Typically, web divorce companies ask users a series of questions to ensure that their case meets the requirements for a no-fault divorce and prepare a correct set of forms for the province or territory of their residency. An online divorce service does not file an application for divorce online. Their job is to help couples with completing the paperwork accurately and correctly. After clients receive the finished forms by mail or email, all that is left is to sign the papers in a notary’s presence and submit them to the court.

Meeting Requirements before Filing for Divorce

According to the Divorce Acts, Canadian couples who want to apply for divorce must first meet the following requirements.

• Citizenry. Canadian courts divorce only those couples whose marriages are either legally registered or are recognized in Canada.

• Residency. Either spouse must have been a resident of the province for a full year before applying the divorce papers to the court.

• Separation. The spouses must have recognized their marriage is ‘irretrievably broken’ by being separated for at least 12 months. If spouses file for divorce before the separation period has passed, they will have to wait the corresponding period before the court can finalize their divorce. At that, the court doesn’t require spouses to live in different houses. They simply need to prove that they keep their households separately with no intention to get back together. The separation period is mandatory except when the grounds for divorce include adultery or abuse.

Divorce Expenses

Agreeing on the terms of child custody and distribution of assets is crucial for an Ontarian divorce. Parents can draft a parenting plan on their own by outlining their agreements on parenting time and childcare responsibilities. However, spouses most probably will need to hire a financial professional to settle financial matters and distribution of property unless they don’t own real estate and joint retirement accounts. It is vital to split marital assets and debts properly because it involves tax implications.

Once spouses deal with these issues, the rest is procedural steps and can be done without legal counsel. Keep in mind that it is possible to cut down all your divorce expenses only to court fees. In Ontario, the minimum costs will include $212 for submitting an application for divorce and $420 for paying additional court fees ($632 in total). Those who cannot afford these filing fees should request a fee waiver.

Bottom Line

As is evident from the above information, using an online divorce service is a reasonable and inexpensive compromise between spending thousands on legal fees and worrying about errors in the divorce forms in a DIY divorce. Divorce in Canada is never quick. However, it is possible to end your marriage without any hassles and without burning through your wallet. Get assistance right now and get on with your life quickly.

This article does not necessarily reflect the opinions of the editors or the management of EconoTimes