Does Getting Divorced Always Mean Going to Court?

Making the decision to separate and divorce a partner is never simple. Having to worry about going through legal proceedings while sorting out what happens next just adds insult to injury, which begs the question – can I get divorced without having to go to court?

          In Ontario, there are a few requirements that must be met in order for the court to grant your divorce. These requirements are as follows:

• You or your spouse must have lived in Ontario for at least one year before filing

• You are both in agreement regarding the important issues related to your separation

• Decision-making and parenting time has been agreed upon, and child support has been stipulated (if there are children involved).

• Property and financial matters have been addressed

• Neither spouse disputes the divorce

Typically, one of the easiest ways to satisfy the court that these issues have been addressed is to execute a separation agreement at least one year prior to applying for the formal divorce through the court. Separation agreements ensure that there is no question about the obligations that each party has to each other after the breakdown of the marriage. A formal separation agreement does not require you to go to court, however, it is recommended that you have a lawyer draft the agreement to ensure that your interests are protected and that the separation agreement withstands judicial scrutiny in the event that you are made to appear before a court (for more information on this, see our blog post linked here).

There are two ways to apply for a divorce that isn’t contested – a joint application in which both spouses apply together, or a single application where one spouse applies and is mandated to formally serve the other spouse. In both scenarios, if no issues are raised and the documents have been filed correctly, the matter may proceed without court appearances. However, the best way to maximize your chances of avoiding court intervention are to speak to an experienced family lawyer who can help you through the process, and ensure that all your interests have been protected, and any issues that may be of concern to the court have been addressed.   

Ultimately, going through a separation and divorce can be the most emotionally tumultuous period of someone’s life. Avoiding going to court can help to alleviate some of that stress. Our lawyers are here to support you through this process, providing compassionate and straightforward advice and ensuring that your interests are protected.