Divorce

The term divorce simply refers to the “paper process” of exchanging your marriage certificate for a Divorce Order. Couples seeking to terminate their marriage in Ontario are subject to the federal Divorce Act, which states that a court may grant a Divorce Order to parties where there has been a “breakdown of the marriage.”

A successful Application for divorce will satisfy the court that there has been a breakdown of the marriage, which occurs when one of three criteria are met:

a) you and your spouse have lived separate for one year with the idea that your marriage is over; or

b) there has been adultery that has not been forgiven by the other spouse

c) there has been physical or mental cruelty, making it impossible to continue living together.(This may include acts of physical violence and those causing severe mental anguish).

One of these grounds for divorce must be outlined in the court Application that commences the first step to obtaining a divorce Order. A divorce Application can take several months to finalize, however, the actual divorce will not be granted until the one-year period of separation has elapsed.

Uncontested Divorce

As mentioned, a divorce is recognized when there has been a breakdown of marriage which occurs when the parties have been separated for at least one year or where the party filing the application proves that their spouse has committed cruelty or adultery. However, if none of these things have occurred but both you and your spouse mutually agree to terminate the marriage, it is an uncontested divorce and it is a much simpler process.

For an uncontested divorce, you must file an Application for divorce with the court that is located in the municipality where either you or your spouse have lived for at least one year.

The Application must be filed, served and registered together with a filing fee and a copy of the marriage certificate or marriage registration certificate, if available. Child support arrangements and any prior court orders or domestic contracts relating to support that have been obtained previously by either partner must also be filed. Finally, both partners must include a draft divorce Order that includes applicable documents in situations where child or spousal support is also being settled as apart of the uncontested divorce.

Once all this documentation is in order, the court will issue a divorce Order to you and your spouse. The divorce Order officially takes effect on the 31st day after the date it was granted by the court.

The team at Horra Family Law ensures our clients are protected and that they are aware of their rights and obligations. If you would like to speak with one of our lawyers regarding your family law matter, please contact us at (416) 840-1475 or schedule online your free initial consultation.

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✨How to Prepare for Your First Consultation with Horra Family Law✨

When you're preparing for your first consultation with Horra Family Law, it helps to have a few key items prepared to ensure none of your time is wasted, and you receive the best experience possible.

Make sure you're on track for your initial consultation by preparing the following, ahead of time:

Be honest: Remember that all conversations you have with your lawyer are always confidential. With this in mind, it’s important to share all relevant details pertaining to your case with your lawyer so that they can help you as best they can.

Bring copies of relevant documents: Make copies of all relevant documents pertaining to your case and bring them to your consultation. The more information, the better.

Take notes: Write down questions, and have a space ready to record notes on information or contacts your lawyer provides you with during your consultation. Keeping your thoughts organized on paper will also ease the stress you feel.

At Horra Family Law, our hearts stand behind all of the work we do. Notably, our signature family focused approach stems from our combined experience and knowledge as lawyers and as family members.





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Maybe you’re in a season of transition, grief, conflict, illness, new challenges, or just trying to get by. Maybe you can’t imagine how this particular season could be a blessing in disguise.

Whatever season you’re in, there’s one way to do your season well: embrace it. Now, embracing your season doesn’t mean you have to love it; it simply means letting it be.





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💫The only way to move forward is to choose to put yourself first, live a life that you love and let go of the things that don't bring you joy. You may never have closure, however you can have healing and move on.





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Mid-week/mid-day selfie break!

Happy Wednesday!




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✨FaceTime Access ✨

With the progression of technology, virtual access has provided new means of maximizing contact between parents and their children.

Programs such as Skype, Zoom and Facetime have allowed their users to view each other while having a conversation.

When a virtual access schedule is implement, the details depends on each case such as length and time of the call and the child’s age. Virtual access is not a substitute to physical visits. A young child may not have the attention span to have meaningful virtual access as opposed to an older child who is use to technology and has the capacity. Virtual access can offer parties an additional method of exercising access during the week where physical access may be impossible or the distance between the children and parents is far. It also allows the children and parents to see each other as opposed to speaking on the telephone.





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Happy Monday!! Let’s do this!





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#thursdaythoughts





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COVID-19 has caused unprecedented disruption to education. During this time, teachers have gone to incredible lengths to help their students keep learning.

Today is the start of in person school for many children. To every teacher, we have two words for you: Thank you!

All the children benefit from their teachers superpowers every year!

We hope all the teachers, teaching staff, and children have a great school year! ❤️




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