Motion to set aside a divorce order
A motion to cancel a divorce or other final order made without a spouse's knowledge or through a serious mistake.
What is included
- Confirms that the requirements for a divorce are met, such as at least one year of separation
- Prepares the divorce application, affidavits and draft order
- Arranges service on the other spouse, or asks the court for another way to serve them
- Deals with any parenting, support or property claims joined to the divorce, as agreed
- Obtains the divorce order and the certificate of divorce
What is not included
- Court filing fees, process servers, valuations and other disbursements, unless the lawyer's retainer includes them
- Steps beyond the scope the lawyer confirms in writing, such as a trial or an appeal
- The charges of valuators, assessors, mediators or arbitrators
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Married spouses who have separated
- Spouses applying together on agreed terms
- A spouse whose partner cannot be found or will not respond
Information to have ready
- 1Your marriage certificate, with a translation if it is not in English or French
- 2Your date of separation
- 3Any separation agreement or court orders
- 4The other spouse's last known address
- 5The children's names and birth dates, if any
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$650/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Can we be separated while living in the same home?
Yes. Spouses can be separated under the same roof if they are living separate lives, and the lawyer can explain what evidence usually helps show this.
Do we have to settle property and support before the divorce?
Not always, but the court must be satisfied that reasonable arrangements have been made for child support before granting a divorce. Property claims have their own deadlines, such as two years after a divorce for an equalization claim, so get advice before the divorce is final.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the court decides any issue that is not agreed
- The lawyer decides whether they can act after checking for conflicts of interest
- Court dates and limitation periods keep running while you choose a lawyer
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