All About Joint Divorce In Ontario
This blog post provides a helpful overview of the joint divorce in Ontario, and how Notarize.ca’s online notary services can help make the joint divorce process easier.
What is joint divorce?
A joint divorce is when both parties petition for a divorce, thus shortening the period of time and steps needed to finalize the divorce. The documents involved are a joint application for divorce, and affidavits for divorce in each party’s name.
Why would someone apply for a joint divorce?
There are a few reasons why you may apply for a joint divorce. One, it is simpler. Two, it can be cheaper because you will save on process service fees (joint application for divorce does not need to be served on a party). Three, it is quicker in that the joint application and affidavits for divorce can be filed together versus serving an application on the other party, and then waiting for the 30-day service requirement to lapse before filing an affidavit for divorce. You essentially save yourself 30 days and process service fees.
A joint divorce may be right for you if a year has passed since your date of separation, there are no corollary issues to be resolved, or alternatively such issues have already been resolved, and you and your former spouse are amicable. Also, a joint divorce is worth consideration if your former spouse resides outside of Ontario or Canada so that you can bypass provincial interjurisdictional service issues or international service issues.
What is the process for applying for a joint divorce?
There are six steps for applying for a joint divorce:
Choose your filing location:
If you want to file at a physical courthouse: You must file your application at the Superior Court of Justice or Family Court of the Superior Court in the municipality where either you or your spouse live,
If you want to file online: You can file your documents through the Government of Ontario’s website
File the required documents and pay the filing fees
Make sure you sign any required affidavits (like the Form 36: Affidavit for Divorce) with a notary public or commissioner for taking affidavits. Each party must have their own notarized Form 36: Affidavit for Divorce.
A judge reviews your divorce application and affidavits for divorce.
If there are any questions concerning your application, the Court will contact you directly.
If approved by a judge, a divorce order is granted.
Your divorce takes effect 31 days from the date of the Order, after which you can obtain a certificate of divorce directly from the Court for an extra fee.
The Ontario Ministry of the Attorney General has a helpful Joint Divorce Application Checklist that you can use to ensure you complete all required steps.
You can download copies of all required forms from the Ontario Court Forms website.
Can the Form 36 Affidavit for Divorce be commissioned remotely?
Yes! Ontario court forms, including the Form 36: Affidavit for Divorce, the Form 35.1: Affidavit (decision-making responsibility, parenting time, contact) and Form 35.1A: Affidavit (child protection information) can be notarized online quickly and easily.
Online notary services for the Form 36: Affidavit for Divorce can be really helpful if you’re filing your joint divorce application online (and even if you’re filing in person as it saves the parties having to commute to a notary public’s office).
If you need a notary for your Form 36: Affidavit for Divorce or any other affidavit, Notarize.ca can help. Our expert notaries can help you complete your affidavits online in minutes.
Are you and your co-applicant in different locations? No problem! You can join the same Notarize.ca online notary appointment from different locations, or you can book two separate appointments if needed.
Ready to get started? Schedule your appointment today!
Have a question about online notary services? Contact us at hello@notarize.ca.
I have questions about the divorce process - where can I get help?
If you have questions about the divorce process, including your legal rights, Holam Law PC can help. Holam Law PC is a boutique law firm that specializes in family law with a cumulative experience of 21 years assisting clients with resolving issues arising from their separation including divorce claims. Holam Law PC offers a free consultation. Just complete the online consultation request form and you will be contacted within one business day.