Ontario Simple Divorce
No Court, No Stress
Your new beginning starts here
no court appearances, no confusion, no delays.
Table of Contents
What is an Uncontested Divorce?
When you both agree, divorce can be simple.
An uncontested divorce means both spouses agree to end the marriage without legal battles.When filing for an uncontested divorce in Ontario, you have two options depending on your situation: Sole Divorce or Joint Divorce. Both are valid ways to legally separate without going to court — but the process is slightly different.
difference between Sole and Joint Divorce :
Sole Divorce
You file. Your spouse doesn’t object.
In a Sole Divorce, only one spouse initiates the divorce process. You complete the paperwork and serve the divorce application to your spouse. As long as they don’t contest it (meaning they don’t file a response or raise any legal issues), the divorce will move forward.
Ideal if your spouse agrees but prefers not to be involved in paperwork
We handle the service process for you
If your spouse does not respond within 30 days, the court assumes they do not contest
Joint Divorce
You both apply together and sign everything at the same time.
In a Joint Divorce, both spouses agree from the start and sign the application together. There is no need to serve documents or wait for a response. It’s the fastest and most cooperative route to divorce in Ontario.
No document serving required
Fewer delays, faster processing time
Ideal for amicable separations where both parties are organized and in agreement
Do You Qualify?
Make sure you meet the requirements for an uncontested divorce in Ontario.
Before you begin the process, it’s important to confirm that you meet Ontario’s legal criteria for filing an uncontested divorce. We’ve made it simple to understand what’s needed.
what qualifies you for a simple divorce in Ontario:
1. You’ve been separated for at least one year
You and your spouse must have lived “separate and apart” for a minimum of 12 months, even if you still share the same home.
2. One spouse must live in Ontario
Either you or your spouse must have been living in Ontario for at least 12 consecutive months before filing.
✔ You don’t have to be a Canadian citizen or permanent resident.
3. There are no disputes
Both spouses must agree on the key issues:
Child custody & parenting time
Child and/or spousal support
Division of property and debt
If any of these are unresolved, contact us for legal advice before proceeding.
4. Child support (if applicable) must be in place
If you have children, support must be paid or agreed to in line with the Federal Child Support Guidelines.
A written agreement or court order is not required
You’ll sign an affidavit confirming the arrangement
5. Your spouse is cooperative or reachable
In sole divorce cases, your spouse must be served with divorce papers.
We’ll arrange service for you
If you don’t know where they are, we can help with alternate service options
Not sure if you qualify?
Timeline – How Long Does It Take?
From filing to final order, here’s what to expect during your uncontested divorce in Ontario.
One of the biggest advantages of an uncontested divorce is the speed and simplicity of the process — but it still involves a few key steps. While every case is slightly different, most uncontested divorces in Ontario are finalized in about 4 months, plus a 31-day waiting period after the divorce order is granted.
Step | Timeframe | What Happens |
1. File Your Application | Week 1 | You (or both of you, in a joint divorce) complete and submit the divorce forms — primarily Form 8A and a copy of your Marriage Certificate. |
2. Serve the Other Spouse | Week 2 | (Only in sole divorces) — we arrange to have the divorce application served to your spouse by mail or in person. If their whereabouts are unknown, we help with alternative service methods. |
3. 30-Day Response Period | Weeks 3–6 | Weeks 3–6 Your spouse has 30 days to respond if served. If there’s no response, the application moves forward as uncontested. In joint divorces, this step doesn’t apply. |
4. Submit Final Documents | Month 2–3 | We prepare and submit final paperwork, including an affidavit confirming separation, support arrangements, and service (if applicable). |
5. Court Reviews Application | Month 3–4 | A judge reviews your documents. If everything is in order, they sign the Divorce Order. No court appearance is required. |
6. 31-Day Waiting Period | After Divorce Order | Once the judge signs the order, there’s a mandatory 31-day waiting period before your divorce becomes legally final. |
7. (Optional) Request Divorce Certificate | Anytime after finalization | Need proof of divorce for remarrying or legal purposes? You can order a Certificate of Divorce from the courthouse for a $24 fee. |
Why Choose an Uncontested Divorce?
The fastest, most affordable, and least stressful way to legally separate in Ontario.
If you and your spouse are in agreement and just want to move forward, an uncontested divorce is the smartest and most peaceful path to ending your marriage. It’s not only cost-effective — it helps you avoid court, minimize conflict, and stay in control of the process.
Benefits of an Uncontested Divorce
No Courtroom Drama
You won’t have to step foot in a courtroom. Everything is handled through documents — fast, clean, and professional.
Lower Legal Fees
Uncontested divorces are far more affordable than contested cases. Our flat-fee pricing keeps costs predictable and fair.
Faster Results
Most cases are finalized in around 4 months, with no unnecessary delays.
Less Stress for Everyone
When both spouses are on the same page, the process is smoother, emotionally lighter, and easier to manage.
More Privacy
Uncontested divorces involve fewer court filings, which means less personal information becomes part of the public record.
Ideal When Kids Are Involved
Avoiding conflict helps create a more stable environment for your children during a time of transition.
Greater Control Over the Outcome
You and your spouse make the decisions — not a judge. This gives you more flexibility and peace of mind.
Drawbacks to Consider
While uncontested divorce has many benefits, it may not be right for everyone.
⚠️ You May Miss Legal Protections
If you’re unsure about your legal rights — especially regarding property, support, or custody — it’s wise to speak with a lawyer before filing.
⚠️ Not Ideal in Toxic or Abusive Situations
If your marriage involved emotional or physical abuse, an uncontested divorce may not reflect the seriousness of your situation. Legal protection may be necessary.
⚠️ Can Become Contested Midway
If your spouse changes their mind or files a response with new claims, your case may shift from uncontested to contested — which takes more time and money.
Pricing
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Frequently Asked Questions
We understand that the divorce process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
A sole divorce is filed by one spouse, and the other is served and given the option to respond (but doesn’t contest).
A joint divorce is filed together by both spouses with full agreement — it’s usually faster and smoother.
Yes. If your spouse’s location is unknown, we’ll help you apply for substituted service, which allows the court to approve alternate ways of notifying them (like email, posting notice, etc.).
Yes. As long as you can prove that you’ve been “separated under the same roof” (separate rooms, finances, etc.) for at least a year, you can still file for divorce.
If your spouse does not respond within 30 days of being served, the divorce will proceed as uncontested.
No. You only need to have lived in Ontario for at least 12 months before filing. Citizenship or permanent residency is not required.
If your spouse files a response with legal claims (like for support or custody), the case becomes contested. We’ll guide you through what to do next if that happens.
If they don’t respond within 30 days, your application proceeds as uncontested. The court assumes they do not oppose the divorce.
Yes — as long as one of you has lived in Ontario for at least 12 months, you can file in Ontario even if your spouse lives elsewhere.
Filing for divorce does not directly affect your immigration status in Canada. However, if your status was dependent on your marriage, it’s best to speak with an immigration lawyer for advice.
Have more questions?
If you have more questions, don’t hesitate to reach out! Our team is here to provide clear answers and guidance tailored to your situation. Contact us today for personalized support!