Uncontested Divorce in Ontario

An Affordable & Simple Divorce Process for Couples

What is Uncontested Divorce in Ontario

An uncontested divorce in Ontario is a divorce proceeding in which neither spouse disputes the divorce or any related legal issues. This means the parties agree that the marriage has broken down and there are no outstanding disputes regarding property, spousal support, child support, parenting, or decision-making responsibilities.

In Ontario, an uncontested divorce is typically based on one year of separation under the Divorce Act. Provided the legal requirements are met and the necessary court documents are properly prepared and filed, the divorce can proceed without any court appearances in most cases.

There are two common forms of uncontested divorce in Ontario:

Simple Divorce – where one spouse applies for the divorce and the other does not oppose it; and
Joint Divorce – where both spouses apply together.

Because there are no contested issues for a judge to decide, uncontested divorces are generally faster, more cost-effective, and procedurally straightforward compared to contested divorce proceedings.

The Content on this page is current as of February 2026. Reviewed by Ali Shaikh, Barrister & Solicitor

Do You Qualify for an Uncontested Divorce?

To file for a simple or joint divorce in Ontario, you must meet three mandatory legal requirements.

1. The One-Year Separation Rule

The most common ground for divorce is living “separate and apart” for at least one full year.

Can you start early? Yes. You can begin the application process before the year is up, but the court will not grant the final Divorce Order until the 365-day mark has passed.
Separated Under One Roof: You can be legally separated while living in the same house if you lead independent lives (separate finances, separate bedrooms, and no shared meals).

2. Ontario Residency

Either you or your spouse must have lived in Ontario for at least one year immediately before the application is filed. This gives the Ontario Superior Court of Justice the “jurisdiction” to handle your case.

3. Reasonable Arrangements for Children

If you have children, a judge has a legal duty under the Divorce Act to ensure their interests are protected.

Child Support: Arrangements must generally follow the Federal Child Support Guidelines.
The “Stay” Rule: If a judge feels child support is insufficient or hasn’t been addressed, they may “stay” (pause) your divorce until a proper plan is in place.

Simple Divorce Vs. Joint Divorce.

Features	Simple Divorce	Joint Divorce
Best For	Spouses who are non-responsive or non-cooperative or living in different countries.	Amicable couples who want the fastest possible resolution.
Cooperation Level	Moderate. One spouse is willing to receive papers but doesn’t need to “do” the work.	High. Both spouses are active partners in the filing process.
Who signs?	The Applicant’s spouse signs	Both spouses sign the application
Court form	Form 8A – Application (Simple Divorce)	Form 8A – Application (Joint Divorce)
Service of documents	Required. The issued application must be served on the other spouse in accordance with the Family Law Rules	Not required. As both spouses apply jointly, service is not necessary
Risk	Spouse has 30 days to contest after being served.	Lowest risk of contest, as both parties agree upfront.

IMPORTANT

Both simple and joint divorce applications are considered uncontested only when there are no outstanding disputes regarding property, support, or parenting, and all statutory requirements under Ontario law are met.

The 5 Steps to Finalizing Your Uncontested Divorce

Navigating the Ontario Superior Court of Justice requires precision. Here is how the process unfolds when managed by our firm:

Step 1: Drafting & Filing the Application (Form 8A)

The process begins with Form 8A. We ensure all data—including the exact legal names and marriage details—matches your marriage certificate perfectly. Even a minor typo here can cause a court registrar to reject your application months later.

Court Fee: The first installment of $224 is paid to the Minister of Finance at this stage.

Step 2: Serving the Documents

For a Simple Divorce, the court-issued papers must be “served” on your spouse by a third party.

Proof of Service: We prepare and file Form 6B (Affidavit of Service). This is a crucial legal step; without it, the judge will not proceed with your case.
Note: In a Joint Divorce, this step is bypassed entirely.

Step 3: The 30-Day Response Period

Once served, your spouse has 30 calendar days to file an “Answer.” In an uncontested matter, this period usually passes without a response. This waiting period is mandatory under the Family Law Rules.

Step 4: The Affidavit for Divorce (Form 36)

Once the 30 days have passed, we “set the matter down” for a judge. We prepare your Form 36 (Affidavit for Divorce), which serves as your “testimony.” This document confirms to the judge that the marriage has broken down and that all requirements—including child support—have been met.

Step 5: The Divorce Order & Finalization

We submit a Draft Divorce Order (Form 25A) to the judge. The judge reviews the entire file in chambers (no court appearance required). Once the judge signs the Order, the court mails a copy to both parties.

The 31-Day Rule: Your divorce officially takes effect 31 days after the date the Judge signs the Order.

How Much Does an Uncontested Divorce Cost in Ontario?

In Ontario, the cost of an uncontested divorce consists of two parts: our professional legal fee and the mandatory fees charged by the Ontario Superior Court of Justice.

1. Professional Legal Fees

At Shaikh Law Firm, we provide a fully managed service for a transparent flat fee. We handle the drafting, filing, and court communication so you don’t have to.

Simple/Joint Uncontested Divorce: $999 + HST

2. Mandatory Court Filing Fees

These fees are set by the Government of Ontario and are the same regardless of which lawyer you use. They are paid in two installments:

Initial Filing (Part 1): $224 (Paid when the application is issued).
Finalization (Part 2): $445 (Paid when the divorce is set down for the Judge).
Total Government Fees: $669

$ 999 + HST

Divorce Consultation
Fully Managed by our Law Firm
Drafting of all Court Documents
Submission of all Court Documents
Court Attendance
Responding to Judge's Objections
Obtainging Divorce Order
Applying for Divorce Certificate
Simple Uncontested Divorce Only

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IMPORTANT

In addition to the fees above, there may be small “disbursements” (out-of-pocket expenses) such as:

Process Server Fees: Approximately $100–$150 (Only required for Simple Divorces to serve your spouse).
Divorce Certificate: $25 (Optional; required if you plan to remarry).
Marriage Certificate Translation: (Only if your original certificate is not in English or French

How Long Does an Uncontested Divorce Take in Ontario?

In 2026, the average timeline for an uncontested divorce in Ontario is 4 to 6 months. While every court location has different processing speeds, the timeline generally follows this predictable legal schedule:

Phase	Description	Estimated Time
Phase 1: Filing	Drafting documents and having them issued by the Court.	1–2 Weeks
Phase 2: Service	Serving the spouse and waiting for the 30-day response period.	5 Weeks
Phase 3: Review	Submitting final affidavits for the Judge’s review and signature.	8–12 Weeks
Phase 4: Final	The 31-day mandatory wait before the divorce is legally “Final.”	31 Days

Client Testimonials

“Recommended family lawyer. I used them for a separation agreement and simple divorce. I highly recommend their services to anyone going through a similar situation.”

Liam Parry

“I was looking for a family lawyer for my divorce case and came across Sheikh Law Firm. The staff were very friendly and welcoming, and Mr. Ali Sheikh guided me through everything with professionalism and care. Highly recommended for anyone seeking reliable legal help.”

abraham

“I saw Mr. Shaikh’s youtube videos and decided to give them a call. . I am grateful for their guidance and highly recommend their services as family lawyer.”

Kailyn Aguilar

Why Choose Us

With over 30 years of combined experience in Ontario family law, our firm provides reliable, results-driven divorce representation grounded in professionalism, transparency, and care. We offer predictable, flat-fee pricing, personalized legal strategies, and a client-first approach designed to reduce stress while ensuring your matter is handled properly from start to finish.

Unlike automated or document-only services, our uncontested divorce process is fully lawyer-guided, legally compliant, and court-supervised. Your documents are prepared and reviewed by licensed Ontario lawyers, providing the assurance of professional oversight without the uncertainty or high hourly costs typically associated with traditional litigation-focused law firms.

Call us

(905) 795 7757

E-Mail

info@slclawyer.ca

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(905) 795 1271

We Serve Clients Across Ontario

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FAQs

What are the grounds for Divorce?
You must establish one of the three grounds for Divorce, namely separation for one year or adultery or cruelty. Click here to learn more.

How long does it take to get a divorce in Ontario?
On average, a simple or uncontested divorce takes 4 to 6 months to conclude, whereas a contested divorce can take longer, depending upon the complexities. Click Here to learn More.

How long do you have to be separated before divorce in Ontario?
You have to be separated for one year before a divorce in Ontario can be filed, and a divorce order only becomes effective after 31 days from the date of the divorce order.
What is a Divorce application in Ontario?
A divorce application in Ontario is a formal legal document filed by one or both spouses seeking to dissolve their marriage under the jurisdiction of Ontario law by way of filing Form 8A for uncontested Divorce and Form 8 General for contested Divorce. This application initiates the legal process of divorce and outlines the grounds on which the petitioner is requesting the dissolution of the marriage.
How to file for divorce in Ontario without a lawyer?
To file for divorce in Ontario, you must submit an application by way of form 8A or 8 General to the Superior Court of Justice. We have a comprehensive guide with 9 simple steps to help you learn how to file for a divorce in Ontario. Click Here
What if my spouse and I do not agree on all issues?
Our services are aimed at uncontested divorces where both parties agree on all matters. If there are disagreements, we recommend seeking legal advice or mediation services to resolve these issues before proceeding with the online divorce.
We offer legal services for separation agreements as well as contested divorce services as well, you can request a free consultation.

Find a Divorce Lawyer Near You

We serve clients across the province of Ontario and have multiple meeting locations.