Same-Sex Divorce
Published on 29 August 2022, 07:22:56 AM
Divorce a same-sex partner by consent.
Axess Law arranges uncontested or joint divorce when your spouse agrees to end a legal marriage in Ontario.
We have affordable divorce lawyers near you who can:
draft separation agreements
review prenuptial or marriage contracts
and prepare divorce applications for Ontario courts.
Who Gets Divorced in Ontario
Canada’s Divorce Act applies to you if:
- you are legally married in Ontario, Canada or a foreign country whose marriage laws are recognized by Canada
- you or your spouse have lived in Ontario at least a year
- and your marriage is over.
Applying for Divorce
Ontario residents can apply for a divorce if a marriage breakdown is caused by:
- living separate and apart for at least a year
- physical or mental cruelty
- or your spouse’s adultery.
Provided you had a legal marriage ceremony, were 18 or older (16 with parental or legal guardian consent) and weren’t in a bigamous or polygamous relationship, you can dissolve a marriage by applying for divorce.
If you were married outside Canada, Axess Law can certify marriage documents translated into English or French before submitting them to a court.
What is Simple Divorce
A simple divorce is easier on you and your spouse. Your spouse agrees to divorce and you agree to make no claims — for spousal support or parenting time or decision-making responsibility for children. Or you apply for divorce and your spouse doesn’t respond.
With a simple divorce, Canada’s no-fault divorce system makes going your own way less distressing. For childless couples, a simple divorce is the easiest way to apply for and end a marital relationship in Ontario. You can apply yourself or jointly.
Moving out of your shared home or even living in the same residence but separate and apart for a year or more can help prove your relationship is over. As long as your spouse agrees with your application or doesn’t contest it, you can file for a simple divorce at any time.
Your application will be processed after the separation period is over.
Apply for Joint Divorce
When your spouse and you agree divorce is the best option, Axess Law prepares joint divorce papers for Ontario family court.
- You decide together on a parenting plan, subject to family court’s approval that your decisions are in your children’s best interests. The court can make parenting orders for how much time you spend with your children, where they live and who has decision-making responsibility for their health, education and well-being.
- You agree on property division to equalize your financial and real property and possessions. Axess Law makes prenuptial agreements or marriage contracts that preserve your financial rights in case your marriage ends.
- You discuss alimony (spousal support) and child support and agree on the terms before going to court.
Your divorce application can be filed in court and, depending on how complicated the arrangements are, may be approved with or without a hearing before a judge.
What is Living Separate and Apart?
Quite simply, not having a spousal relationship. It means you:
- have separate homes or bedrooms
- no longer have sexual relations
- no longer eat or make meals together or provide domestic services like cleaning the house
- have stopped attending events as a couple
- are no longer seen as a couple by friends
- have no possibility of reconciling (see Divorce After a Trial Separation).
While you don’t have to get a divorce after separation, divorce makes remarriage quicker, divides property and money or investments you share equitably and gives you the right to live in or share the proceeds from the sale of your matrimonial homes.
Divorce After a Trial Separation
You can try a trial separation for up to 90 days in Ontario while your divorce is being processed. If your effort to mend your relationship doesn’t work out, your divorce application proceeds through Ontario family court without interruption.
Other Grounds for Divorce in Ontario
Physical or mental cruelty and adultery applications require a civil court hearing before a judge. Is adultery a crime in Canada? No, but Axess Law can refer you to trusted legal partners who can assist you with your divorce if your spouse commits adultery.
If you experienced domestic violence, hospital or doctor records and written notes from friends or family who witnessed cruelty towards you can be helpful towards your case. Federal Divorce Act changes in 2021 better protect spouses and families experiencing violent, harassing or threatening behavior.
Trusted, Affordable Legal Services
Online or DIY divorce guides may seem easy to follow, but unless you are a lawyer yourself, your application may not be successful. You could put a tremendous amount of work into submitting an application only to have it returned due to some legal rule or error you didn’t even know about.
Axess Law takes the burden out of interpreting court rules by doing it all for you. Axess Law’s family lawyers write prenuptial agreements or post-marriage contracts to protect your legal and financial rights.
We have cheap notary publics when you want to:
- apply for post-wedding ceremony marriage certificates
- certify for ServiceOntario or other government offices that foreign language translations of marriage documents are authentic
- give Immigration, Refugee and Citizenship Canada certified true copies of marriage certificates
- witness statutory declarations of legal marriage out of province or if your documents are missing
- provide proof of marriage for Wills bequests or government and employer pension benefits.
Axess Law same sex divorce lawyers in Toronto, Greater Toronto Area or Ottawa make getting legal advice more affordable. Compared to traditional legal services, our flat rate legal services save you significant money.
Book Online or By Phone
Make appointments for virtual online video conferences with an Axess Law lawyer or notary public 7 days a week, day or evening. Use our easy online booking form or call for in person appointments at any of our Axess Law locations in Greater Toronto Area or Ottawa. Dial our 1-647-479-0118 lawyer line or toll free to 1-877-402-4277 to make your appointment today.
We have onsite parking and easy transit access.
