FAQ

A Simple Divorce is a claim for DIVORCE ONLY with no other claims on your Application (e.g. no claims for custody, access, support, cost, etc.). It is started by one spouse.  Only one spouse completes and signs the documents.  
An uncontested divorce is when both parties agree to a divorce.  If your spouse files an Answer to your Simple Divorce Application, it is contested meaning that your spouse disagrees with your claim for divorce and/or wishes to make additional claims in the divorce proceeding.   
A Joint Divorce Application is a claim for divorce by both spouses. Both spouses must complete and sign the documents.  A Joint Divorce Application is uncontested because both spouses agree to the divorce.
While you are able to file an application for divorce on your own, a lawyer can help you understand the issues and your rights.  Do not give up any claims that you may be entitled to in order keep your divorce simple.  It may be impossible to make such a claim after a divorce is granted. You are strongly urge to consult a Family Lawyer beforing using this site.
Yes.  You may be considered to be living separate and apart while continuing to live in the same home.  Factors such as occupying separate bedrooms, eating meals separately, absence of sexual relations, providing no domestic services for your spouse, no common social life, etc., are factors which may be considered in determining if one is living separate and apart.
Divorce: an Introduction, http://www.separation.ca/divorce/law, (February 5, 2016)
You and your spouse must be living separate and apart for at least one year before starting a Divorce Application.  An exact date is required to determine (calculate) that you have been apart for one year.
The User is responsibile for using this software/site correctly and is liable for any omissions or errors in the information provided.
Yes.  As long as one spouse lives in Ontario for a minimum of one year and has not left Ontario for an extended time.

Yes.  Before a divorce is granted, you must provide proof of any previous divorce.

Yes. You must have your original Marriage or Registration Certificate.  This will be filed in Court with your divorce court forms.  NOTE:  Information will be extracted from your Marriage Certificate which will complete the "History" section of Step 2.
Yes.  Divorce i.T. will address a mispelled name on your Marriage or Registration Certificate but the rest of your Certificate must be error free.  Meaning, place, date of marriage, etc must all be correct.  NOTE:  If you have legally changed your name and the name on your Marriage or Registration Certificate is correct, you can use this Site.  Divorce i.T. will address your legal name change.     
Your spouse must be notified that you brought a divorce proceeding in Court.  If you start a Simple Divorce Application, your spouse must be served with your Application.  NOTE:  If you start a Joint Divorce Application, service of the Application is not required however an address for both parties are required by the Courts.
There are 17 Courts in Ontario that are Superior Court of Justice, Family Branch.  They are:  Barrie, Bracebridge, Brockville, Cobourg, Cornwell, Durham Region, Hamilton, Kingston, Lindsay, London, L'Orignal, Napanee, Newmarket, Ottawa, Peterborough, Perth and St. Catharines.  
Under the Federal Divorce Act, "child" is defined as "child of the marriage" or a child of two spouses or former spouses who is under the age of majority, which is 18 in Ontario, and who has not withdrawn from his or her parents' charge.  A person who is 18 years or over may also be considered a child for child support purposes if he or she is unable because of illness, disability, or other cause such as being enrolled in post-secondary education, to withdraw from under his or her parents' charge and obtain the necessaries of life.
Child support is governed by federal law and does not change from province to province.  Child Support Guidelines is a table that sets the amount of child support for each province.  The amount may differ based on the cost of living for each province.
Yes.  Before a divorce is granted, you must prove to the Court that reasonable arrangements have been made for the support of the children.  You must have a copy of the Court Order, Domestic Contract (Marriage Contract/Separation Agreement) or Consent Written Agreement.  This will be filed in Court with your divorce court forms.
No - however, the Divorce Act and Family Law Rules are subject to interpretation by different Courts.  Some (not all) Courts in Ontario require that all children, dependent or not, must be listed on the Divorce Application form.  It is the User's option to list their adult children.  Please read question 13 - definition of "child of the marriage".   
 
Yes.  If your child support is less than the Guidelines, you must provide reasons that the amount being paid is fair and reasonable and how it directly or indirectly benefits the children.  
 
Reasonable arrangements
(2.6) For the purposes of clause (2.5) (a), in determining whether reasonable arrangements have been made for the support of a child,
     (a)  the court shall have regard to the child support guidelines; and
     (b)  the court shall not consider the arrangements to be unreasonable soley because the amount of support agreed to is not the same as the amount that would otherwise     have been determined in accordance with the child support guidelines.     1997. c.20, s.6
Divorce Act, R.S.C., 1985, c.3 (2nd Supp.), 15, 15.1 (8)
Divorce i.T. requires your spouse's income to calculate that the amount of child support is in accordance with the Guidelines.  If the amount is lower than the Guidelines, you must provide details why the amount being paid benefits the children.   
You must insert your spouse's annual income but you must explain why (in question 8, Step 2: Application Room) this amount is fair and reasonable and how this amount directly or indirectly benefits the children.  You must have a copy of your Court Order, Domestic Contract (Marriage Contract, Separation Agreement) or Consent Written Agreement addressing shared custody and no child support.

     (e)  if the parent or spouse against whom an order is sought ordinarily resides outside Canada or if the ordinary residence of the parent or spouse is unknown,

            (i)  the Child Support Table for Ontario set out in Schedule 1 to this Regulation if the other parent or spouse applying for the order resides in Ontario.

Child Support Guidelines, O Reg 391/97, 2.(1), "table", (e)(i)

No.  Unfortunately, at this time, this site is not set up to calculate income over $150,000.  Please consult a Family Law Lawyer.
We are so confident in our product that if for ANY reason you are not 100% satisfied, we will refund your money - no questions asked!! - guaranteed.  Simply email us at guarantee@divorceit.ca within 30-days from the date you registered your account with us and we will refund your money.  That simple!
Note:  Refunds may take up to 10-business days depending on the method of the original payment used.    
Answers are inserted in its appropriate section/boxes of your forms.  View tutorial video Step 3: Printing and Processing Room for additional details and exact locations. 
No.  Currently, electronic filing for Simple Divorce  or Joint Divorce Applications are not available.  You must physically attend the courthouse and file your documents.
Once your session is complete, you will be presented with a package of forms in PDF format.  If you do not have a PDF reader, please download a copy of Adobe's free Acrobat Reader.
No.  Your answers in Step1 establishes your eligibility as a Simple or Joint Divorce Application. Changing your answers may affect your eligibility/result.  Please ensure accuracy in Step 1.  
Divorce i.T. will allow you to edit, print, download, save all your divorce forms for a period of 90-days (3 months) from the date of your registration.  Your account will purge automatically in 90-days. Divorce i.T. will not be able to retrieve your information once your account has purged or if you decide to delete your account.  
Yes but you are responsibile for any data left on the terminal after your session ends.  Please consult the attendant to ensure all traces of your session has been wiped from the public terminal.
We hold the security and confidentiality of your information to the highest standard, beginning with an SSL certificate.  We constantly keep up to the most current standards of site security.  Your information is being stored in a secured encrypted data base on our main server.
That being said, we are not responsibile for your information once transmitted over the internet or for information retained on a public or shared computer or captured by other means (such as by someone looking over your shoulder).
Once your document has been generated and printed, Divorce i.T. holds no liability or warranty for the safety or use of the data contained within.
 
Most email services have a filtering system which automatically filters email into specific folders.  Our message may have been marked as spam.  Please check your Junk E-Mail Folder.