When you decide to pursue a divorce, certain essential steps must be followed, regardless of the circumstances. The Oakville divorce process remains consistent whether your case is contested or uncontested.
Familiarizing yourself with these steps is crucial. Even if you believe you have matters under control, engaging a skilled divorce lawyer from The Riley Divorce & Family Law Firm is invaluable. Our team can protect your rights while helping you achieve your goals throughout the divorce.
To commence a divorce, either spouse must file an Application for Divorce and Financial Statement. According to the Ontario Family Law Act s.3, the Superior Court of Justice is designated to handle divorce matters, with Oakville residents filing their documents at the Milton Courthouse.
The spouse seeking the divorce must submit their marriage certificate alongside the divorce application. If married in Ontario but lacking the certificate, one can request it through ServiceOntario. For those married in other provinces or countries, obtaining the certificate from the relevant authority and arranging for translation (if necessary) is essential.
The divorce application must also include Form 13.1, which requires a detailed disclosure of property, income, debts, claims for exclusions from marital property, and insurance information. This financial statement impacts every aspect of the divorce agreement, making it advisable to work with an experienced lawyer to ensure accuracy before filing.
Once the application and supporting documents are prepared, they must be served to the other spouse. Special divorce process rules govern this procedure in Oakville, prohibiting personal delivery by the filing spouse. Instead, hiring a process server is required to ensure proper delivery.
A list of process servers is available at www.canada411.ca. The team at The Riley Divorce and Family Law Firm can facilitate this service efficiently.
Upon receiving the court papers, the process server will notify the court by filing an Affidavit of Service. The recipient spouse then has 30 days to file an Answer and Financial Statement. If they respond, the original filer has an additional 30 days to submit a reply. Should the responding spouse fail to file within the timeframe, the divorce may proceed uncontested, with the judge making decisions based on the original application and Form 13.1.
Divorcing couples must address property division and spousal support, along with arrangements for parenting time, decision-making authority, and child support if children are involved. Once a consensus is reached, their decisions are documented in a separation agreement, which is submitted to the court and serves as the foundation for the divorce orders.
If a separation agreement is reached prior to filing for divorce in Oakville, it can be included with the application, expediting the process. In cases where an agreement is not established, negotiations will continue alongside judicial proceedings. Generally, all parties benefit when couples negotiate their separation before trial.
If the couple has not resolved all pertinent issues, the court will schedule a case conference early in the proceedings. This conference focuses on addressing outstanding procedural matters and establishing a timeline for discovery.
Discovery involves the exchange and verification of information between the parties. If disagreements persist after discovery, a settlement conference will be convened to attempt resolution. If successful, the judge may issue a divorce order following this conference. However, if issues remain unresolved, the court will schedule a trial where evidence is presented, and remaining questions are adjudicated.
The complexity of a divorce largely depends on the flexibility and cooperation of the spouses involved. Nonetheless, the fundamental aspects of the Oakville divorce process remain consistent.
Partner with The Riley Divorce & Family Law Firm for experienced guidance and support during your divorce. We are available 24/7 to assist you—reach out today to begin the process.
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