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How do I apply for a divorce by myself?

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How do I apply for a divorce by myself?
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Community Legal Education Ontario (CLEO)
Ministry of the Attorney General
Ministry of the Attorney General
Ministry of the Attorney General

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How do I apply for a divorce by myself?
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Reviewed: 
July 31, 2017
Answer

If you're married and want to legally end your marriage, you must apply for a divorce order from the court.

If your partner doesn't want to get a divorce, you can apply for one yourself. If your partner doesn't respond, this is sometimes called an "Uncontested Divorce". If your partner responds and disagrees with what you're asking for, this is sometimes called a "Contested Divorce".

If you both agree to get a divorce, you can apply together by making a joint application.

To get a divorce in Ontario, you must meet certain conditions. For example, you and your partner must have had a marriage ceremony and you must show that your marriage has ended. If you don't meet them, the court may not approve your divorce application.

Religious divorce

A religious divorce doesn't legally end a marriage. But some religions require a religious divorce if you want to remarry within that religion.

The courts don’t give a religious divorce. You have to get that through your place of worship or religious organization. For example, to get married again in a synagogue, you need a Jewish religious divorce, which is called a get.

Matrimonial home

If you separate, each married partner has an equal right to stay in the matrimonial home and to a share in the value of the home. It doesn't matter who owns the home. You don't give up these rights if you decide to move out.

If you get divorced and you don’t own your matrimonial home, you still have a right to a share in the value of the home. But you no longer have an equal right to stay in the home. This is because you’re no longer married.

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