Ontario Divorce Guide
Understand simple and joint divorce applications, eligibility, required forms, costs and the court process in Ontario. This guide explains the steps and when legal assistance may be helpful.
Simple and joint applications · Ontario-wide assistance · Clear procedural guidance
An uncontested divorce in Ontario is a divorce proceeding in which the divorce is not opposed. It commonly proceeds through a simple application by one spouse that remains undefended, or a joint application by both spouses. A straightforward application is generally decided on written documents without a trial or personal court appearance.
“Uncontested” describes whether the proceeding is opposed. It is not a separate ground for divorce. Most straightforward applications rely on marriage breakdown established by one year of separation.
A divorce-only order ends the legal marriage once it takes effect. It does not automatically divide property or resolve parenting, child support or spousal support. A separation agreement is not a universal prerequisite, but outstanding claims, child support arrangements and existing proceedings must be assessed before choosing a divorce-only process.
See the Divorce Act and Ontario application guidance.
A simple application is filed by one spouse seeking only a divorce. The other spouse must be served and has an opportunity to respond. A joint application is made together by both spouses. A simple application can become contested; choosing that form does not guarantee an uncontested result.
| Question | Simple application | Joint application |
|---|---|---|
| Who applies? | One spouse, as applicant | Both spouses together |
| Does the other spouse sign? | Their signature on the application is not required | Both spouses sign |
| Is service required? | Yes, unless the court orders otherwise | No service between joint applicants |
| Is there an Answer period? | Generally 30 days in Canada or the United States; 60 days elsewhere | No respondent’s Answer period |
| Which application form? | Form 8A for divorce only | Form 8A using the joint portions |
| Does divorce settle property and support? | No | No; additional agreed orders require appropriate documents |
A joint application can avoid the service stage, but it is not a guarantee of faster court processing. Additional orders by consent may require further forms and evidence. Our standard fixed fee is for a divorce-only application.
For a standard separation-based application, the main considerations include a legally valid marriage, Ontario jurisdiction, the required separation period and reasonable child support arrangements where applicable. The court must also be satisfied that the other requirements of the Divorce Act are met.
Most uncontested applications rely on spouses living separate and apart for at least one year before the divorce is determined. You may start the application before that year is complete, provided you are separated when proceedings begin and the jurisdictional requirements are met. The divorce cannot be granted on the separation ground until the required year has elapsed.
Adultery and physical or mental cruelty are other ways of establishing marriage breakdown, but involve different evidence and should not be assumed to fall within a standard separation-based package.
Spouses can be separated while living under one roof. The court considers the circumstances, including the intention to separate and changes in the relationship and household arrangements. Separate bedrooms or finances can be relevant evidence, but no single factor determines every case.
An attempted reconciliation involving resumed cohabitation for a period or periods totalling no more than 90 days does not necessarily interrupt the separation period under the Divorce Act. Obtain advice if the dates or circumstances are uncertain.
For ordinary Divorce Act jurisdiction, at least one spouse must have been habitually resident in Ontario for at least one year immediately before the proceeding begins. Both spouses do not have to live in Ontario. Citizenship and immigration status do not replace this residency requirement.
You may obtain an uncontested divorce if you have children. Before granting it, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable child support guidelines. If adequate arrangements are not established, the court must stay the granting of the divorce until they are made.
Provide details of the children, relevant income and support arrangements, together with any existing agreement or order. Parenting and decision-making issues should also be reviewed, but the statutory child-support check is distinct from requiring a parenting agreement in every divorce file.
Source: Divorce Act, sections 3, 8 and 11.
Before preparing the application, gather:
A decorative ceremonial record is not necessarily the government-issued marriage certificate required by the court. If the certificate cannot be obtained, an explanation and sufficient evidence of the marriage may be required for the court to consider an exception. Documents requiring translation must meet the court’s applicable language and evidentiary requirements.
| Form | Purpose and relevance |
|---|---|
| Form 8A — Application (Divorce) | Starts a divorce-only simple application or a joint application, using the appropriate portions. |
| Form 6B — Affidavit of Service | Proves service, usually in a simple application; another permitted proof may apply. |
| Form 36 — Affidavit for Divorce | Sworn or affirmed supporting evidence. Each joint applicant generally provides a separate affidavit. |
| Form 25A — Divorce Order | Draft order submitted for the judge to consider. |
| Form 36B — Certificate of Divorce | Formal proof requested after the divorce takes effect. |
These are common forms, not a complete filing checklist for every case. Continuing Record requirements, supporting evidence, court directions and additional claims can require other materials. Form 36A is the clerk’s certificate; it is different from the Certificate of Divorce.
Use the official Ontario Court Forms directory for current versions and simple/joint divorce checklists. Check the current version before relying on a downloaded PDF.
See Ontario’s documents for divorce applications.
Simple and joint divorce documents can generally be submitted electronically through the appropriate Ontario court filing system. Online submission does not remove proper signatures, commissioning, supporting documents or service requirements.
Toronto-region online filings use the Ontario Courts Public Portal; other regions use the relevant Justice Services Online / Family Submissions Online route. Follow the current Ontario online filing instructions for your court.
Sources: Family Law Rules, including rules 6, 8, 10 and 36; Ontario application guidance.
An uncontested divorce usually takes several months. A straightforward, complete application may take approximately four to six months, but this is a planning estimate rather than a court deadline or guaranteed average. The actual time depends on your separation date, service, court clearance, the documents submitted and the court’s workload.
Do not treat every waiting period as the same stage:
A separation-based divorce cannot be granted until the required one-year period is complete, although filing can begin earlier.
A simple application generally involves the 30- or 60-day Answer period after service.
The court must receive registry clearance and complete its review. There is no single guaranteed turnaround for every court.
Once judgment is granted, the divorce generally takes effect on the 31st day afterwards.
A joint application avoids service on the other joint applicant and the respondent’s Answer stage. It can reduce procedural steps, but does not ensure a particular completion date. Do not make remarriage arrangements based only on an estimated court processing time.
Sources: Divorce Act, sections 8 and 12; Family Law Rules.
Legal Fees & Court Costs
Shaikh Law Firm’s flat legal fee for a standard simple or joint uncontested divorce-only application is $999 + HST. Standard court and registry fees are $669 additional.
| Expense | Amount |
|---|---|
| Legal fee | $999.00 |
| HST on the legal fee | $129.87 |
| Court and registry fees | $669.00 |
| Base subtotal | $1,797.87 |
The subtotal excludes applicable third-party expenses and work outside the agreed retainer. Process-server charges, international service, translations, replacement documents and obtaining a Divorce Certificate can involve additional charges.
Preparation and filing of divorce documents, arranging service where required, routine court correspondence and obtaining the Divorce Order.
Negotiating or drafting a separation agreement; resolving parenting, support or property disputes; contested proceedings; and obtaining a Divorce Certificate.
Eligible applicants may apply for a court fee waiver. A waiver does not waive the lawyer’s legal fee or private third-party expenses.
For the full breakdown, see our guide to divorce costs in Ontario.
See Ontario family court fees and our uncontested divorce retainer terms.
A separation agreement is not legally required in every divorce application. It can record agreed arrangements for parenting, support, property and debts, and may provide useful evidence of child support arrangements.
Divorce and settlement of family-law issues are different matters. A divorce-only order does not automatically divide assets, release support claims or settle outstanding disputes. Obtaining a divorce before addressing those issues may affect your rights or applicable deadlines, so obtain advice before proceeding if anything remains unresolved.
If you already have an agreement or court order, provide it for review. Read our separation agreement Ontario guide for more information.
Careful preparation can reduce avoidable delays, but no lawyer can guarantee the court’s processing time or approval.
You are not legally required to hire a lawyer. You may prepare and file the documents yourself, using current Ontario court forms and official guidance. You remain responsible for the correct procedure, evidence, service and deadlines.
Legal advice is particularly helpful if you have children, unresolved financial issues, an existing proceeding, a foreign marriage document, difficulty locating your spouse or an international service requirement.
Shaikh Law Firm assists clients across Ontario with standard simple and joint uncontested divorce applications. Our legal team can review your circumstances and explain whether the fixed-fee divorce-only service is appropriate. Learn about our Ontario uncontested divorce lawyer service.
Free ConsultationFor a simple application, your spouse does not have to sign your application. They must ordinarily be served and given the applicable opportunity to respond. For a joint application, both spouses participate and sign the required documents.
A properly served application may proceed as undefended after the applicable response period, but the divorce is not automatic. You must still file the required evidence and satisfy the court that the legal requirements are met.
An Answer or additional claim may take the matter outside a standard uncontested process and fixed-fee retainer. Obtain advice about the response, outstanding issues and the appropriate next steps.
It may be possible if Ontario has jurisdiction. International service depends on the country and applicable requirements. If your spouse cannot be located or ordinary service is impractical, a court order permitting another method or dispensing with service may be required. Additional work, time and expense can apply.
A straightforward, complete uncontested divorce is generally decided on written materials without a personal court appearance. The judge can require further evidence or procedural steps in a particular case.
The Divorce Order is the court’s judgment granting the divorce and states when it takes effect. The Certificate of Divorce is formal proof of the effective divorce and can be requested after that date. It is a separate document. The ordinary government certificate fee is $25, subject to applicable exemptions or waivers.
You must wait until your divorce has legally taken effect. This is generally the 31st day after judgment, unless an applicable exception, appeal or order changes the date. Obtain the Certificate of Divorce as proof and confirm marriage-licence requirements before arranging remarriage.
Preparing your own application may save legal fees, but government fees and applicable document or service expenses remain payable unless reduced by a waiver or exemption. A joint application avoids service on the other joint applicant. Compare full costs and legal issues involved. Our divorce cost guide explains the options.
This guide provides general information and does not constitute legal advice for your circumstances.
Shaikh Law Firm · Ontario-wide service
Headquartered in Mississauga, we assist clients across Ontario through online intake and remote communication. In-person appointments are available by arrangement.
Mississauga Head OfficeRelated guides: Ontario divorce lawyer · Divorce costs · Separation agreements
Free 15-minute consultation
If you would like help with a simple or joint uncontested divorce, request a free 15-minute consultation. Tell us your separation date, whether you intend to apply alone or jointly, and where your spouse lives. Let us know about any children, existing agreements or court proceedings.
Our standard legal fee is $999 + HST, with court fees and applicable additional expenses payable separately. Our team will review whether the service suits your circumstances and explain the next steps.
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