Questions people actually ask
Straight answers, without the legal jargon. If your question is not here, call us or send a short message.
This page is general information about how the process works. It is not legal advice, and it is not a substitute for advice about your own situation.
Getting started
Do I need a lawyer to get divorced in Ontario?
No, you are allowed to do it yourself. But court forms are unforgiving, and an application that is filled in incorrectly gets returned, which costs you weeks. A lawyer also makes sure you are not signing away something you did not realise you had.
What happens after I submit the first form?
You get an email straight away with a reference number and a secure link to your application form. Our team is notified at the same time. A lawyer reads your file before we agree to act, and we come back to you either with a quote or with questions.
Does sending you a form mean you are my lawyer?
No. Submitting a form does not create a solicitor-client relationship. That starts only once we have checked for conflicts, confirmed in writing that we can act, and agreed the terms with you. Until then, please do not send us confidential information.
Do I have to live near your office?
No. We are an online practice and act for clients anywhere in Ontario. Everything is handled by secure upload, email and phone or video, so where you live in the province makes no difference to the service or the cost. Our office is in Thornhill and you are welcome to visit by appointment, but nobody needs to.
Can you help if my spouse and I do not agree on everything?
Sometimes. If the disagreement is narrow, an agreement can often still be negotiated. If it is fundamental, you may need a litigator rather than an online service, and we will tell you that rather than take your money.
Do both of us need our own lawyer?
For a joint divorce, often not. For a separation agreement or a marriage contract, yes in practice - each person is normally expected to get their own independent legal advice, and an agreement signed without it is much easier to challenge later. We cannot advise both sides.
Divorce
What do I need before I can apply for a divorce?
Usually your marriage certificate, proof of your identity, and the date you separated. The most common ground for divorce in Ontario is that you have been living separate and apart for at least one year.
Can we be separated while still living in the same house?
It is possible. Living under the same roof does not automatically mean you are not separated, but you need to be able to show that the relationship has actually ended. Tell us the details and we will assess it.
When is the divorce actually final?
A divorce order does not take effect immediately. Under the Divorce Act it takes effect on the 31st day after the order is made, and you can then request a certificate of divorce, which is what you need if you want to remarry.
Are court fees included in your price?
No. Court filing fees are set by the government and are separate from our fee. We will tell you what they are before you commit so you can see the full cost.
Does a divorce sort out property and support as well?
Not by itself. A divorce ends the marriage. Property division, support and parenting arrangements are dealt with separately, usually in a separation agreement. Most people need both.
Agreements, wills and powers of attorney
What makes a family agreement valid in Ontario?
Broadly: it has to be in writing, signed by both people, and witnessed. Beyond that, full and honest financial disclosure on both sides matters enormously - agreements are most often set aside because someone hid an asset, not because of a drafting error.
Can I write my own will?
You can, and people do. The risk is that a will which does not meet the formal requirements can fail entirely, and the mistake only surfaces when you are no longer around to fix it. A reviewed will is inexpensive insurance against that.
Do I need to come in to sign my will?
Not necessarily. Ontario permits wills and powers of attorney to be witnessed remotely by audio-visual link, provided one of the witnesses is a licensed lawyer or paralegal. We will tell you which method applies to your documents.
What happens if I have no power of attorney and I become unwell?
Someone still has to make decisions about your money and your care, but it will not necessarily be the person you would have chosen, and your family may need to apply to have someone appointed. A power of attorney avoids that entirely.
Cost and payment
How much will it cost?
It depends on the service and the complexity of your situation. You will receive a written quote before any work begins, and we do not start until you have agreed to it.
Are there charges I might not expect?
We tell you about court filing fees and any government charges up front, because they are real costs even though they are not ours. If something changes the scope of the work, we tell you before doing it, not after.
How do I pay?
We email you an invoice with our bank details and you pay by transfer. We do not take card payments through this website.
Does it cost anything to enquire?
No. The contact form and the application form are free, and you are under no obligation to continue at any point.
Timing
How long does an uncontested divorce take?
The honest answer is that it depends on the court, not on us. Processing times vary between court locations and change through the year. We will give you a realistic estimate for your situation and tell you promptly if it shifts.
How quickly will I hear back from you?
We aim to respond to new enquiries within one business day. If your matter is genuinely urgent, please call rather than wait on email.
What slows things down most?
Missing documents, almost every time. The faster you get us your identification, your marriage certificate and any existing agreements, the faster everything else moves.
Privacy and documents
Is my information safe?
Yes. Everything is sent over an encrypted connection. Uploaded documents are stored outside the public part of the website and can only be opened by authorised staff, and every access is recorded.
Why do you ask for my spouse's name?
To run a conflicts check. We have to be certain we have not previously acted for them, or for someone whose interests conflict with yours. It is a professional obligation, not curiosity.
What documents will I need?
It varies. Commonly: government photo identification, your marriage certificate, and any existing agreements or court orders. After we read your application we will tell you exactly what is still needed.
Can I have my information deleted?
You can ask at any time what we hold and request corrections. Law firms are required to keep certain records for a set period, so some information may have to be retained. Our Privacy Policy explains this.
Will you email me details about my case?
We keep case detail out of email wherever we can, and send you a notification asking you to sign in instead. If you share an email account or a computer with someone, tell us and we will be especially careful.