Ben Affleck and Jennifer Garner have officially signed their divorce papers, as of October 4, 2018. However, their split is not yet official. A judge will still need to give his or her stamp of approval.
In Ontario, uncontested joint divorces can be fairly simple. Spouses can jointly submit an application for divorce to the court. Both husband and wife sign and swear the divorce papers. Neither spouse is suing the other for divorce, rather the spouses are indicating to the court that they both want the divorce.
In a joint divorce application, spouses can also jointly ask the court to include an order relating to custody, access, and/or support if both spouses agree to the terms. This application will need to be filed. If the ground for divorce is one year of separation, you must wait the requisite one year before filing an affidavit for divorce, although the application may be filed at any time.
Once both documents have been filed, a judge will assess them and either grant or reject the divorce application. Once granted, the spouses receive a Divorce Order, and 31 days later, the Divorce takes effect. Spouses will also receive a Certificate of Divorce from the court. This document will allow them to remarry.For more information or to speak with a lawyer to assist in your divorce, please contact Feldstein Family Law Group P.C. at (905) 581-7222 or visit www.separation.ca. Our Ontario divorce lawyers are here to help, and your first consultation is free!