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File
Application for Divorce with Ontario Superior Court of
Justice
• May be filed in jurisdiction where either
spouse lives.
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Serve copy of
Application on spouse
• Not required in a 'joint divorce'
• May be done by mail if spouse is
co-operative (must sign and mail back an 'Acknowledgment of
Receipt' postcard). Otherwise someone other than you must hand him/her the
papers and then swear an affidavit that he/she did so. The
other spouse doesn't have to sign anything if they are
served in person.
• If you have no idea where you spouse is, you can request
that the court grant a Motion to Dispense with Service,
allowing you to proceed with the divorce without serving
your spouse. You must prove to the satisfaction of the court
that your spouse cannot be found with any reasonable means.
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'Served'
spouse then has 30 days (or 60 if served outside of Canada
or the USA) to file an 'Answer' if he/she wants to contest
the divorce. If he/she does not want to contested the
divorce, he/she need do nothing at all. If he/she does not
file an Answer, the court assumes that they have no
objection to the divorce.
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File
Affidavit of Service (swearing spouse was served), Affidavit
for Divorce and supporting material.
-
Papers move
on to a judge for review. Court grants divorce, which is
generally effective 31 days after it was granted. Court
mails Divorce Order to each spouse.
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You will not
get a divorce certificate from the court unless you ask and
pay for it ($19). The divorce certificate is required when
you want to get married again.
