Free Consultation
Uncontested Divorce in Ontario Cost

5 Tips
Uncontested Divorce In Ontario

Uncontested divorce, also known as simple divorce, is a popular option for couples who want to end their marriage quickly, amicably and with minimal stress. It is a cost-effective and efficient option for many couples.

In an uncontested divorce, both parties agree on all issues related to the divorce, including child custody, spousal support, and property division, generally by way of a separation agreement executed in advance.

However, even in an uncontested divorce, it is important to seek the guidance of a qualified divorce lawyer to ensure that all legal requirements are met and to provide expert advice on financial and custody matters.

In this article, we will share five tips that you must know about simple divorce or uncontested divorce in Ontario. By following these tips, you can ensure that your uncontested divorce is handled with care, expertise, and professionalism and that your interests and rights are protected throughout the process.

Tip 1: Know the Difference

Types-of-Divorce-in-Ontario

What is the difference between Contested and Uncontested

The key difference between uncontested and contested divorce is that in an uncontested divorce, the parties agree on all issues related to the divorce, including child custody, spousal support, and property division, through a legally binding separation agreement. In contrast, in a contested divorce, the parties cannot agree on one or more issues, and the court must intervene to resolve them.

In an uncontested divorce, the parties are able to negotiate a separation agreement outside of court through methods such as mediation, collaborative law, or direct negotiations with the help of their separation lawyer. The separation agreement is a legally binding contract that outlines the terms of the separation between the parties, and once signed by both parties, it is filed with the court to be made a part of the final divorce order.

In a contested divorce, however, the parties are unable to reach an agreement on one or more issues and may need to go to court to have these issues resolved by a judge. This can be a lengthy and expensive process, as both parties may need to hire lawyers, attend court hearings, and provide evidence to support their claims.

In summary, the key difference between uncontested and contested divorce is the level of agreement between the parties. In an uncontested divorce, the parties agree on all issues and finalize their divorce through a legally binding separation agreement, while in a contested divorce, the parties are unable to reach an agreement and may need to go to court to have the issues resolved.

Contested and Uncontested Divorce in Ontario

Can Uncontested Divorce become Contested

While uncontested simple divorce in Ontario is generally a straightforward and efficient process, it can become contested if the respondent files an answer with additional claims, such as child custody, spousal support, or division of property. To avoid this scenario, it is always recommended to have a legally binding separation agreement in place before filing for an uncontested divorce, as this can help settle all other issues in dispute.

Having a separation agreement can help ensure that both parties are clear on the terms of the divorce settlement and can prevent disagreements from arising later on. It can also save time and money, as parties can avoid the need to go to court to resolve any disputes.

It is a good idea to have a qualified divorce lawyer review the separation agreement and ensure that it meets all legal requirements. This can help prevent future disputes and the need to convert an uncontested divorce to a contested one.

What is the difference between
A Simple & Joint Divorce

Simple divorce and joint divorce are both types of uncontested divorce in Ontario, but there are some differences between them.

In a simple divorce, one party files for divorce, and the other party does not file an answer or contest the divorce. As long as the parties have been separated for at least one year and all other legal requirements are met, the court can grant the divorce without the need for a court hearing. A simple divorce is generally a straightforward and cost-effective option for couples who are able to agree on all issues related to divorce.

In a joint divorce, both parties file for divorce together, and they must file a joint application for divorce with the court. This type of divorce is generally used when the parties agree on all issues related to the divorce and want to avoid the time and expense of having one party file for divorce and the other party respond. Joint divorce can be a faster and more efficient option for couples who are able to work together and agree on all issues related to divorce.

The main difference between simple divorce and joint divorce is the process of filing for divorce. In a simple divorce, one party files for divorce and the other party does not contest it. In a joint divorce, both parties file for divorce together. Both types of divorce can be uncontested and amicable, but joint divorce requires the cooperation of both parties from the outset.

How to File an Uncontested Divorce in Ontario

If you and your spouse agree on all divorce-related matters, filing for an uncontested divorce in Ontario is a straightforward process. Below is a simplified step-by-step guide specific to uncontested (simple or joint) divorce cases.

Step 1: Prepare Your Application (Form 8A)

Download and complete Form 8A: Application for Divorce. This form is used in both simple and joint uncontested divorces.

You’ll also need:

  • Your original marriage certificate
  • A separation agreement (highly recommended)
  • Two business-sized stamped envelopes addressed to each spouse

If your marriage certificate is not in English or French, attach a certified translation.

Step 2: File Your Application at the Court

Submit your completed forms to the Superior Court of Justice in the region where you or your spouse resides. The court will assign you a file number and issue your documents.
Fee: $224 (initial filing)

You may be eligible to request a fee waiver if you cannot afford the court fees.

 

Step 3: Serve the Divorce Documents (Simple Divorce Only)

If filing a simple divorce, you must have the court-issued documents served on your spouse by someone over the age of 18 (not yourself).

You must serve:

  • The issued Form 8A
  • A blank Form 10: Answer
  • A MIP notice, if provided

Service is not required for joint divorce applications.


Step 4: File Proof of Service (Form 6B)

The person who served the documents must complete and swear Form 6B: Affidavit of Service in front of a commissioner or notary, then file it at court.


Step 5: Finalize Your Divorce

If no response is filed within 30 days (Canada) or 60 days (international), file:

  • Form 36: Affidavit for Divorce
  • Form 25A: Divorce Order (draft)
  • Optional: Form 36A: Certificate of Clerk

Fee: $445 (at this stage)


Step 6: Receive Your Divorce Order

If approved by the judge, a Divorce Order will be mailed to both parties. Your divorce becomes final 31 days later. You can then request a Certificate of Divorce for $25 — useful if you plan to remarry.

 

Quick Reference: Common Forms Used in Uncontested Divorce

FormNamePurpose
Form 8AApplication for DivorceStarts your simple or joint divorce
Form 6BAffidavit of ServiceProof that your spouse was served properly
Form 36Affidavit for DivorceConfirms legal grounds for divorce
Form 25ADraft Divorce OrderOrder for the judge to sign
Form 36ACertificate of ClerkOptional checklist for finalizing documents

📄 Download Ontario Family Law Forms

Tip 2: Eligible to File Divorce in Ontario

How-to-file-for-divorce-in-ontario

Are you Eligible to File for Divorce in Ontario?

In Ontario, before you can file for a divorce, you must meet certain eligibility requirements. Firstly, you must be legally married, and there must be no possibility of reconciliation between you and your spouse. Additionally, either you or your spouse must have been a resident of Ontario for at least one year prior to filing for divorce.

You must also establish one of the three grounds for divorce, which are separation for at least one year, adultery, or physical or mental cruelty.

It is important to note that if you have obtained a religious divorce, this does not legally end your marriage in Canada. While some religions require a religious divorce before remarriage in the same faith, you will still need to obtain a legal divorce to have your marriage legally recognized as ended in Canada.

You can obtain a religious divorce through your religious organization or place of worship, but this does not provide you with a Divorce Certificate issued by the Government of Canada. Without a Divorce Certificate, you may face difficulties in proving that you are legally divorced in the eyes of Canadian laws.

It is recommended that you speak with a qualified divorce lawyer to discuss your options and ensure that your interests and rights are protected throughout the divorce process.

Tip 3: Make sure you have a separation agreement in place

If you’re considering filing for an uncontested divorce in Ontario, it’s important to understand that this type of divorce only works if all issues related to child custody, support payments, and property division are resolved. To ensure that these issues are settled and avoid future disputes, it’s highly recommended to have a separation agreement in place.

A separation agreement is a legally binding document that outlines the terms of your divorce settlement. It can cover issues such as child custody, support payments, and the division of property. Having a separation agreement in place can help ensure that both parties are clear on the terms of the divorce settlement and prevent disputes from arising in the future.

In summary, if you’re considering filing for an uncontested divorce in Ontario, it’s important to have a separation agreement in place to ensure that all issues are resolved and prevent future disputes. A separation agreement can provide peace of mind and ensure a smoother transition to post-divorce life.

Tip 4: How Much Does It Cost To Get a Divorce In Ontario

Divorce in Ontario Costs $669.

As of 1 January 2023, the Court Fees for all Divorce Applications in Ontario Costs $669, payable in two installments of $224 and $445. The first payment of $224 is payable at the time of filing the application, and the second payment of $445 is due at the time of setting the matter down for a divorce hearing.

A divorce Lawyer costs $999 + HST for a simple divorce in Ontario, also known as an uncontested divorce. Conversely, a contested divorce in Ontario costs thousands of dollars because of the number of claims and complexity of divorce.  Therefore, a simple divorce in Ontario costs $1,797.87, including court and legal fees.

Uncontested Divorce in Ontario Costs

Uncontested Divorce Costs

LEGAL FEES

COMPLETE PACKAGE
$ 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
  •  
get started
Popular

Disclaimer

Our all-inclusive flat legal fees of $999 + HST is only for an uncontested divorce in Ontario are based on filing a claim for divorce only for parties based in Ontario. If you have additional claims, then you may need a separation agreement before filing for an uncontested divorce, or you may need to file a contested divorce. Similarly, if the other party files a claim in response to your application for a simple divorce, your application becomes a contested divorce. 

Please contact our divorce lawyers in Toronto for a free consultation.

Expenses such as court fees of $632 and the cost of service of documents (approx $99 for the Greater Toronto Area) are not part of our legal fees.  Additional fees and costs may apply if the other party is not based in Ontario. 

Tip 5: Know The Time Line

How Long Does It Take To Get A Divorce In Ontario

After filing an uncontested divorce application, the process typically takes between four to six months to finalize. However, it is important to note that these timelines are estimates only, and there is no guarantee that a divorce will be finalized within this timeframe.

Learn More

Divorce Certificate is Issued 30 days from the date of Divorce Order

Can you start the divorce process before one year of separation ?

YES, It is possible to start the Divorce Application process six months prior to the completion of one year of separation. However, it is important to note that on the date of the hearing before the judge, one year of separation must be completed. Therefore, it is permissible to initiate the Divorce process before the completion of one year of separation.

It is also important to consider the time required for consulting with a lawyer, drafting and filing the application, and serving it on the other party. This process can take several weeks or months if the other party is uncooperative.

It should be noted that obtaining a Divorce Clearance certificate from the Central Divorce Registry in Ottawa typically takes 4 to 8 weeks. Once the certificate is obtained, the matter is scheduled for a hearing before a Divorce Judge, based on their availability.

Serving Divorce Documents

If you are filing a simple uncontested divorce in Ontario, one of the most important steps in the process is serving your spouse with the divorce documents. This ensures that your spouse is properly notified of the application and is given the opportunity to respond, even if they don’t intend to contest it.

Improper service can delay or even invalidate your application. Here’s what you need to know:

 

Who Can Serve Divorce Documents?

  • You cannot serve the documents yourself.
  • Service must be carried out by someone who is at least 18 years old and not a party to the divorce.
  • This can be:
    • A trusted friend or family member
    • A process server
    • A legal assistant or courier (as long as they meet the age and neutrality requirement)

 

What Documents Must Be Served?

You must serve your spouse (the respondent) with the following:

  • The issued divorce application (Form 8A)
  • A blank Form 10: Answer
  • A Mandatory Information Program (MIP) notice, if provided by the court

These documents must be served after the court has issued and stamped your application.

Note: If you are filing a joint divorce, this step does not apply. There is no need to serve documents because both parties are filing together.

 

How Should Documents Be Served?

Acceptable methods include:

  • In-person service: Hand-delivered directly to your spouse
  • Service at residence: Left with someone at the same address, followed by a mailed copy
  • Service by courier or registered mail (if court permits)
  • Process server: A professional service provider trained to complete legal service correctly

If your spouse cannot be located, you may need to apply for substituted service or dispense with service — speak to a lawyer in that case.

 

Proving That Service Was Completed (Form 6B)

Once your spouse has been served, the person who served the documents must complete a Form 6B: Affidavit of Service. This confirms:

  • Who served the documents
  • What was served
  • How and when it was served

This form must be:

  • Sworn or affirmed in front of a commissioner of oaths or notary public
  • Filed at the courthouse as part of your continuing record

 

What If My Spouse Refuses to Accept Service?

Even if your spouse refuses to accept the documents, service is still valid if:

  • The documents are brought to their attention, and
  • The server leaves them near the person and states what they are

Your spouse does not need to sign anything for service to be effective.

 

Want to avoid court delays?

Our flat-fee uncontested divorce package includes assistance with document service and court filing.

Get Free Consultation

Call us

(905) 795 7757

E-Mail

info@slclawyer.ca

Fax

(905) 795 1271

Consultation Request

We Serve Clients Across Ontario

Multiple Meeting Locations

FAQs

  • 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 Greater Toronto Area and commonly appear at the following court locations. 

Divorce Lawyer Toronto | Divorce Lawyer Mississauga | Divorce Lawyer Brampton |Divorce Lawyer Hamilton | Divorce Lawyer Barrie

Ⓒ 2025 – SHAIKH LAW FIRM – SLC lawyer – All Rights Are Reserved.

Disclaimer: The content on this website is for information purposes only, and it does not create any solicitor-client relationship or be used as a substitute for formal legal advice. – Blog – Login 

Call Now