When that phase comes in your marriage, when you and your spouse cannot continue together for some reason, you file for a divorce. This decision is not easy and comes with a lot of emotional and mental stress. However, when you both are on the same page about the separation, you can file for an uncontested divorce.
An uncontested divorce process in Ontario offers a significantly calmer, faster, and more affordable path forward. This guide walks you through every stage uncontested divorce process in Ontario, from understanding eligibility to receiving your final divorce certificate.
What Does ‘Uncontested Divorce’ Mean?
An uncontested divorce is one in which both spouses agree that the marriage is over and, critically, there are no active disputes over related issues such as child support, spousal support, parenting time, or property division.
This divorce is often called a joint divorce or sole/ simple divorce, especially in Ontario. Because there is nothing to argue about, the court does not need to hold hearings or schedule trial dates. A judge reviews the paperwork and, if everything is in order, signs a Divorce Order, often without either spouse ever appearing in court.
| IMPORTANT: An uncontested divorce means there are no disputes, not that both spouses have to agree on everything before even speaking to a lawyer. Many couples first resolve their separation agreement and then file for divorce as an uncontested matter. Getting legal advice early can help you reach an agreement faster. |
Who Qualifies for an Uncontested Divorce in Ontario?
You need to meet the following criteria in order to qualify for an uncontested divorce in Ontario.
Grounds for divorce – The most common ground is one year of separation. You and your spouse must have been living “separate and apart” for at least 12 months.
Ontario residency – At least one spouse must have lived in Ontario for at least 12 months immediately before filing the divorce application.
No active disputes – There should be no unresolved contested claims before the court. This includes:
– no disputed parenting arrangements
– no disputers over support amounts, or
– no property division issues requiring a hearing.
Child support arrangements – For couples with children, the court requires satisfactory child support.
| Note: You can be separated even while still sharing a home, as long as the intention to separate is clear. |
Joint vs. Sole (Simple) Divorce: Which Should You Choose?
Ontario offers two ways to file an uncontested divorce. Both can lead to the same outcome, a final Divorce Order, but they suit different circumstances.
| Factor | Joint Divorce | Sole/ Simple Divorce |
| Who files? | Both spouses together | One spouse files alone |
| Best suited for? | When both spouses are cooperating, and all terms are settled | When cooperation is limited, but neither party plans to oppose the divorce |
| Service required? | Not required (both already signed) | Yes, the other spouse must be formally served with the application |
| Documents needed | More paperwork, both sign Form 8A and Form 36 | Less paperwork overall; only the filer prepares Form 36 |
| Speed | Potentially faster; no service waiting period | Slightly slower due to service timelines (30–60 days) |
| Cost | Can be slightly higher due to additional documentation | Often lower, less paperwork, no joint signing required |
Either route remains an uncontested, paperwork-driven process as long as the other spouse does not file an Answer opposing the divorce. If they do, the matter becomes contested.
Step-by-Step: How to File for an Uncontested Divorce in Ontario
The following steps explain how the uncontested divorce process in Ontario typically works from start to finish.
Confirm that you meet the eligibility requirements
First, you need to verify that:
- You and your partner have been separated for 12+ months
- One of you has been living in Ontario for at least 1 year
- There are no unresolved disputes between both of you, and
- The child support arrangements are in place
Gather all your documents
You will need an original marriage certificate. If the certificate is not in English or French, you will have to get it translated. Also, if there are any separation agreements, contracts, or existing court orders, keep them with you.
Complete Form 8A – Application (Divorce)
This is the core divorce application. For a joint divorce, both spouses must sign and date it. Prepare three copies. For a sole/simple divorce, only the applicant completes and signs it. Ensure your names match exactly what appears on the marriage certificate; any discrepancy can delay court review.
File at the correct court
File at a Superior Court of Justice or Family Court branch in the municipality where either spouse resides. You can even do this online through Ontario’s Justice Services Online or Family Claims Online portal, depending on your circumstances.
Serve the application (sole divorce only)
If filing as a sole applicant, a person aged 18 or over (not yourself) must personally serve the respondent spouse with the application and accompanying forms.
Prepare and file Form 36 – Affidavit for Divorce
This form must be sworn before a commissioner for taking oaths. In a joint divorce, both spouses complete their own Form 36. In a sole divorce, only the person filing for divorce completes it. The affidavit confirms details about the marriage, separation, and any arrangements for children. It is filed along with a draft Divorce Order (Form 25A).
Court review and Divorce Order
The court reviews your file on paper; no hearing or court appearance is required in a straightforward, uncontested case. If the judge is satisfied, they sign the Divorce Order. This is sometimes called a “basket decision” as it proceeds without anyone needing to attend.
31-day waiting period & Divorce Certificate
The Divorce Order takes legal effect 31 days after it is signed (unless both spouses waive this period by agreement). After it takes effect, you can apply to the court for your Certificate of Divorce, the document you will need if you plan to remarry.
Practical Tips for a Smooth, Faster Uncontested Divorce
- Have your marriage certificate ready, and if you don’t have it, request a copy from the province or country where you married.
- Cross-check the names on the marriage certificate, it should match other documents.
- Before you sign anything, get your separation agreement reviewed by independent legal counsel. This prevents future disputes.
- Use checklists (Ontario court websites publish Simple Divorce Application checklists) to confirm all required documents are complete before filing.
- Consider online filing through Justice Services Online if your situation qualifies. It reduces trips to the courthouse and can speed up processing.
- If you have children, you have to ensure that child support arrangements meet the Federal Child Support Guidelines before filing.
- Keep will have to keep three copies of every document, one for you, one for your spouse, and one for the court.
- After the Divorce Order takes effect (31 days after it is signed), apply promptly for your Certificate of Divorce and store it safely.
Don’t Skip Legal Guidance
Even if the uncontested divorce process in Ontario seems straightforward, seeking legal guidance can make the process smoother and help avoid costly mistakes. When you hire a family law lawyer, they will review all the documents, identify issues, if any, and see if everything is legally sound.
For such clarity and peace of mind, we have a team of experienced lawyers at Kavita V. Bhagat Family Law Solutions. They will help you move through an uncontested divorce efficiently and confidently.
Frequently Asked Questions
Do I need to appear in court for an uncontested divorce?
In most straightforward uncontested cases, no. The judge reviews the documents on paper and signs the Divorce Order without requiring either spouse to appear. This is sometimes called a “basket decision.”
What if my spouse and I agree on everything but haven’t signed a separation agreement?
You can still proceed with an uncontested divorce, but it is generally advisable to have a signed separation agreement in place first, particularly if property or support is involved. Without a formal agreement, those issues remain legally unresolved, and the limitation periods for property claims can expire.
Will the court divide our property?
Not automatically in an uncontested divorce. Property division in Ontario is governed by the Family Law Act, and uncontested divorces typically address property through a separation agreement rather than a court-ordered equalization. The Divorce Order itself does not divide property — it ends the marriage.
