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Generally speaking, a person seeking to get divorced must first separate from their spouse for a period of one year, after which they can then file an application for divorce in court. The court process can then take as little as six months (if the divorce is uncontested) or as much as several years if the parties get involved in protracted litigation.
The one year separation period does not apply to situations where a person’s spouse has committed adultery or is causing them mental or physical suffering that would render cohabitation intolerable. In these circumstances, a person may file their application for divorce and commence a court proceeding without the usual one-year separation period.
The cost of a divorce will depend on whether it is contested or uncontested. An uncontested divorce is where one party brings an application for divorce and the other party does not respond to the application (essentially agreeing to everything sought in the application). As of September 2020, we only charge a flat rate of $1,000.00 plus tax for uncontested divorce applications. There are also court filing fees of $632.00, which brings the total price, including HST, to $1,745.00 for an uncontested divorce.
A contested divorce is where the parties disagree on one or more issues, such as custody, support, division of property etc. In these cases, we simply charge by the hour and try to advance our clients’ cases as efficiently as possible.
The steps involved in getting divorced in Ontario depend on whether the divorce is contested or not.
In an uncontested divorce, the process is as simple as being separated for at least one year and then filing an application for divorce. If your partner has committed adultery or is causing you physical or mental suffering that would make cohabitation intolerable, then you do not have to separate for one year prior to filing your application.
In a contested divorce, where the parties can’t agree on one or more of the issues (spousal support, custody of the children, etc.), the same steps above apply: separation for one year and then filing an application for divorce with the court. After this, the parties will have to attend a Family Information Session, attend a case conference, a settlement conference, and if necessary a trial conference and trial.
How are you coping with the stress of all this? Are you spending your time and energy worrying about what your next steps should be? Are you finding yourself distracted and unable to enjoy time with your family? When dealing with legal problems, it’s common for people to feel overwhelmed. The good news is, you don’t have to feel that way anymore.
If you’ve made it to this website you’ve obviously realized that you need legal help with your situation and are looking for ways to solve it. Congratulations, you’ve made it to the right place. If you need a Toronto divorce lawyer, we are some of the toughest in Ontario and are ready to fight for you.
Our firm has represented hundreds of individuals and businesses across Ontario and is well respected by judges and lawyers alike.
In fact, in 2020, Powell Litigation was voted the Best Law Firm in the Toronto Star Readers’ Choice Awards. Click the link below to see the results!
We also have an A+ rating with the Better Business Bureau and over 40 Five-Star Reviews on Google. To speak with a top divorce lawyer today, call us at (437) 222-2234.
Do you want to know a secret about why large law firms in Toronto are so outrageously expensive? Well, for starters, they have massive overhead. Their offices are in the financial district which has the highest commercial rents in the entire province. Do you benefit at all from them having those really nice offices? Nope. Not at all. Lawyers argue their cases at court, not at their offices, so it doesn’t matter whether their offices are in overpriced steel and glass towers downtown or in a nice professional building in North York like us.
We are a young legal team, yet we have more courtroom experience than most lawyers who have been practising for decades. At the end of the day, what matters is the experience and skill that your lawyer brings to the table. What you really need is a lawyer who is as comfortable in the courtroom as they are in their own living room. The only way to get that level of comfort is by going to court. A lot. And that is exactly what you can expect from your Toronto family law lawyer at Powell Litigation.
You’ll be shocked by this. At a recent trial, I was facing off against a lawyer who has literally been practising law since I was born. He did a fine job (although we ended up winning the trial and getting $170,117.84 for our client. You can read the decision here). What was shocking was that this lawyer confided in me that, after decades of practising law, this was his very first trial! Can you imagine that?
To get a lawyer with the courtroom experience you need to win your case, call us today at (437) 222-2234.
Mr. Powell’s communication and responsiveness were beyond my expectations throughout the process; he was clear, intelligent and honest with a real understanding of my concerns. He was always accessible, listened intently and answered all my questions directly, offering both highly professional advice and recommendations.
When my case went to court, is when I saw Mr. Powell’s true skill and brilliance at work.
He handled the proceedings with the highest degree of professionalism, achieving an outcome in my favor and a monetary result higher than I could have ever expected.
Mr. Powell’s passion for his work is definitely clear. He is knowledgeable, efficient and extremely attentive to detail which makes him very pleasant to work with. Weston Was instrumental in winning my case and I am extremely fortunate to have found him. I would without hesitation and wholeheartedly recommend working with him to my friends and colleagues, knowing they would be in strong capable hands with an attorney who truly cares.
Thank you does not seem like enough for what Weston did for me.
– J.O., Richmond Hill
