I STILL HAVE OTHER ISSUES - CAN I DO THE DIVORCE FIRST?

Many people who have children and/or property or support issues feel a need for closure in the marriage, even though they haven't yet settled all of these other issues by way of a separation agreement (or by way of a court order, where they haven't been able to come to an agreement).

You may still obtain your *simple divorce without having settled all of these issues provided that you have the required grounds for divorce (for instance, one year of separation) AND where there are children, that you have at least an informal arrangement in place whereby the non-custodial party is paying the required amount of child support in accordance with the Federal Child Support Income Tables (unless their income falls below the threshold for which child support is payable). Click here to view the tables.

However, although it may be legally possible to obtain your divorce without having legally settled all of the other surrounding issues - it may not be advisable for you to do so. You should obtain legal advice from an Ontario lawyer (not this divorce service company) before you proceed with your simple divorce. If you plan to obtain a *simple divorce now, without having first legally settled beforehand any property/support/children's issues that may apply to you, you should be aware of the possibility that this may have ill effects on your rights (mainly by effecting deadlines for making claims) and/or your spouse's rights concerning those issues and you or your spouse could even potentially lose their rights or be disadvantaged in enforcing those rights. Please read the information below. Again, this is meant for informational purposes only, may not be complete or up-to-date, and is not given as legal advice and should not be construed as such. It is merely re-printed, with permission from the Toronto Divorce Services website at the time when Toronto Divorce Services formed part of an Ontario Family Law Lawyer's practice. However, if you decide not to consult with a lawyer before using our service you should at least review the Ontario Government publication entitled "What You Should Know about Family Law in Ontario" (available in nine languages) at:

www.attorneygeneral.jus.gov.on.ca/english/family/famlawbro.asp

Here, in quotes, is the re-printed information:

"If you plan to obtain your divorce now and settle your property issues later, you should be aware this can shorten the time you have within which to bring your application for a division of property. An application to equalize property can not be brought after the earliest of:

• (a) 2 years after the date of the divorce, or
• (b) 6 years after the day the spouses separated and there is no reasonable prospect that they will resume cohabitation, or
• (c) 6 months after the first spouse's death.

And, if there is real estate property owned, you should also be aware that after the divorce you will no longer be able to claim, as a spouse, 'exclusive possession' of the matrimonial home (meaning your right to live in it exclusively) since you will no longer be considered a 'spouse' under the law. And further, if your name is not on the deed as one of the owners of the home, your spouse will no longer need your consent to sell the home or to 'encumber' it (for example, by taking out a loan against it). It is therefore vital that you seek advice directly from a lawyer, ordinarily meaning a personal consultation with a family law lawyer, before doing your divorce if you have not settled this issue of property division. You should also be aware that a 'simple divorce' will deal only with the dissolution of the marriage itself, so that either party may remarry. It will not prevent either spouse from later on making a claim for property (within the limitation periods mentioned above or any extensions allowed by the court) or for spousal support.

If you have children, you should be aware that obtaining a 'simple divorce' will not finalize any issues with regard to children, such as custody, child support or access to visitation. Either party may make an application to the court regarding any of these issues at any time after the divorce has been granted if they feel a need to do so.

If you wish to make other claims along with your divorce, such as a division of property, spousal support, or matters regarding children, that is not considered to be a " simple " divorce. This web-site you are on right now is specific to "simple" divorces only."