What are the grounds for divorce in Ontario?

Under the Divorce Act (Canada), you must establish one of three grounds for divorce: one year of separation, adultery, or cruelty. Most uncontested divorces in Ontario are based on the one-year separation ground under s. 8(2)(a) of the Divorce Act.

How long does it take to get an uncontested divorce in Ontario?

An uncontested divorce in Ontario is typically finalized in 4 to 6 months from the date of filing. This includes filing Form 8A, serving the spouse, observing the 30-day response period, judicial review, and the mandatory 31-day waiting period under s. 12 of the Divorce Act.

How long do you have to be separated before divorce in Ontario?

Spouses must be separated for at least one year under s. 8(2)(a) of the Divorce Act before a Divorce Order can be granted. The application may be filed earlier, but the final order will not be issued until the 365-day separation period is complete. A divorce order becomes effective 31 days after it is signed by the Judge.

What is a divorce application in Ontario?

A divorce application in Ontario is the formal legal document filed with the Ontario Superior Court of Justice to initiate divorce proceedings. Uncontested divorces are filed using Form 8A (Simple Application). Contested divorces are filed using Form 8 (General Application). The application outlines the statutory grounds on which the applicant is seeking the dissolution of the marriage.

How do I file for divorce in Ontario without a lawyer?

To file for divorce in Ontario without a lawyer, you must complete Form 8A (uncontested) or Form 8 (contested), pay the applicable court fees to the Minister of Finance, serve the application on your spouse, and file supporting affidavits including Form 36 (Affidavit for Divorce). Self-represented applicants must also comply with the Family Law Rules and the Divorce Act.

What if my spouse and I do not agree on all issues?

If there are unresolved disputes regarding property division, spousal support, child support, or parenting, the matter cannot proceed as an uncontested divorce. In such cases, mediation, negotiation, or a contested divorce filing may be required. Our firm offers separation agreement drafting and contested divorce representation in addition to uncontested divorce services.

Uncontested Divorce in Ontario

An Affordable & Simple Divorce Process for Couples

What is Uncontested Divorce in Ontario

An uncontested divorce in Ontario is a no-fault divorce proceeding under the federal Divorce Act in which both spouses agree on all issues, such as property division, spousal support, child support, and parenting arrangements, and neither party disputes the dissolution of the marriage. Most uncontested divorces are finalized in 4 to 6 months without a court appearance.

Uncontested divorces in Ontario are governed by the Divorce Act (Canada) and the Family Law Rules, and are heard by the Ontario Superior Court of Justice. The application is filed using Form 8A, supported by Form 36 (Affidavit for Divorce) and a Draft Divorce Order (Form 25A).

There are two procedural forms of uncontested divorce in Ontario:

Simple Divorce — one spouse applies; the other is served and does not oppose the application.
Joint Divorce — both spouses apply together as co-applicants.

Key Legal Requirements

To qualify for an uncontested divorce in Ontario, you must satisfy the following statutory requirements under the Divorce Act:

One-Year Separation: The spouses must have lived “separate and apart” for at least one year, per s. 8(2)(a) of the Divorce Act.
90-Day Reconciliation Rule: Under s. 8(3)(b)(ii), spouses may resume cohabitation for up to 90 days in an attempt to reconcile without restarting the one-year separation period.
No-Fault Divorce: Canada follows a no-fault divorce regime. Neither spouse is required to prove misconduct; only that the marriage has broken down.
Ontario Residency: At least one spouse must have been ordinarily resident in Ontario for one year immediately before filing, per s. 3(1) of the Divorce Act.
Arrangements for Children: Where children are involved, the court must be satisfied that reasonable arrangements for support have been made in accordance with the Federal Child Support Guidelines.

Because there are no contested issues for a judge to decide, uncontested divorces are 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 in Ontario?

To file for a simple or joint divorce in Ontario, you must satisfy four mandatory legal requirements under the Divorce Act (Canada) and the Family Law Rules. Each requirement must be met at the time of filing — or, in the case of the separation period, before the Divorce Order is granted.

1 Year Separation

Before a Divorce Order is granted you need to be separated for one year under s.8(2)(a) Divorce Act

Ontario Residency

lived in Ontario for at least one year immediately before the application is filed under s.3(1) Divorce Act

Child Support

If you have children, reasonable child support arrangements must be in place under Federal Guidelines.

Valid Marriage

You must have a legally valid marriage recognized under Canadian law

Do You Qualify for an Uncontested Divorce?

1. The One-Year Separation Rule

The most common ground for divorce under s. 8(2)(a) of the Divorce Act is living “separate and apart” for at least one full year.

Can you start early? Yes. You may commence the application before the one-year mark, but the court will not grant the final Divorce Order until the 365-day separation period has been completed.
Separated Under One Roof: Spouses may be legally separated while residing in the same home, provided they lead independent lives — maintaining separate finances, separate sleeping arrangements, and ceasing shared domestic activities.
90-Day Reconciliation Rule: Under s. 8(3)(b)(ii) of the Divorce Act, spouses may resume cohabitation for up to 90 days in an attempt to reconcile without restarting the one-year separation clock.

2. Ontario Residency

Either you or your spouse must have been ordinarily resident in Ontario for at least one year immediately before the application is filed. This establishes the jurisdiction of the Ontario Superior Court of Justice under s. 3(1) of the Divorce Act.

If neither spouse has resided in Ontario for the full year, the application must be filed in the province or territory where residency is established.
Residency is typically proven through documentation such as a driver’s licence, lease agreement, utility bills, or tax filings.

3. Reasonable Arrangements for Children

Where children of the marriage are involved, the presiding judge has a statutory duty under s. 11(1)(b) of the Divorce Act to ensure their interests are protected before granting the divorce.

Child Support: Arrangements must conform to the Federal Child Support Guidelines, calculated based on the payor’s income and the number of children.
The “Stay” Rule: If the judge finds that child support has not been adequately addressed, they may “stay” (pause) the divorce proceedings until proper arrangements are in place.
Parenting Time and Decision-Making: Agreements regarding parenting time and decision-making responsibility should be documented, typically in a separation agreement or Parenting Plan.

4. Valid Marriage

The marriage itself must be legally valid for the Ontario Superior Court of Justice to grant a divorce under s. 8(1) of the Divorce Act.

Marriages Performed in Canada: Recognized if registered in accordance with the laws of the province or territory where the marriage took place.
Foreign Marriages: Generally recognized in Canada, provided the marriage was valid in the jurisdiction where it was solemnized and does not contravene Canadian public policy (for example, polygamous marriages are not recognized).
Marriage Certificate: The original marriage certificate (or a certified copy) must be filed with the application. If the certificate is not in English or French, a certified translation is required.

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?

The total cost of an uncontested divorce in Ontario typically ranges from $1,797.87 to $1,900 all-in, comprising a flat legal fee of $999 plus HST ($1,128.87) and mandatory court filing fees of $669. Court fees are fixed by Ontario Regulation 293/92 under the Administration of Justice Act and are payable to the Minister of Finance. Optional disbursements may add $100 to $175.

1. Professional Legal Fees

At Shaikh Law Firm, we offer a fully managed uncontested divorce service on a transparent flat-fee basis. Our legal fee covers the entire matter — drafting, filing, service coordination, court communication, and obtaining the final Divorce Order.

Flat Legal Fee (Simple or Joint Divorce): $999.00
HST (13%): $129.87
Subtotal (Legal Fees): $1,128.87

2. Mandatory Court Filing Fees

Court fees are set by the Government of Ontario under Ontario Regulation 293/92 (Administration of Justice Act) and are identical regardless of which law firm handles your file. These fees are paid directly to the Minister of Finance in two installments:

Part 1 — Issuance of Application: $224.00 (paid at the filing of Form 8A)
Part 2 — Set-Down for Judge: $445.00 (paid at the Affidavit for Divorce stage, Form 36)
Subtotal (Court Fees): $669.00

3. Total Cost Summary

Legal Fees (with HST): $1,128.87
Court Fees: $669.00
Total (before disbursements): $1,797.87

Optional Disbursements

In addition to the fees above, your file may involve small out-of-pocket expenses known as disbursements. These are not charged by the firm; they are third-party costs passed through at cost:

Process Server Fees: Approximately $100–$150 — required only for Simple Divorces, where the spouse must be formally served under the Family Law Rules. Not applicable to Joint Divorces.
Divorce Certificate: $25 — optional, issued by the court after the Divorce Order takes effect. Required if you plan to remarry or need documentary proof of divorce.
Certified Translation: Variable — required only if your marriage certificate is not in English or French.

Uncontested vs. Contested Divorce — Cost Comparison

An uncontested divorce is significantly more affordable than a contested divorce, where disputes over property, support, or parenting require litigation.

Uncontested Divorce (Shaikh Law Firm): Approximately $1,797.87 finalized in 4–6 months.
Contested Divorce: $5,000 to $25,000 or more typically 1 to 3 years.

For clients seeking to minimize cost, an uncontested filing — supported by a properly drafted separation agreement is the most economical path. For a detailed breakdown of low-cost options, see our guide on the cheapest way to get a divorce in Ontario.

$ 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, an uncontested divorce in Ontario is typically finalized in 4 to 6 months from the date of filing. The process is governed by statutory timelines under the Divorce Act and the Family Law Rules, including a mandatory 30-day response period and a 31-day waiting period after the Divorce Order is signed. Joint divorces generally proceed faster than simple divorces, as the service and response requirements do not apply.

The standard uncontested divorce timeline in Ontario follows five distinct stages:

Step 1: File the Application — Week 1 Our firm drafts and files Form 8A with the Ontario Superior Court of Justice. The court issues the application, assigns a court file number, and returns the issued copy for service.

Step 2: Service or Joint Filing — Weeks 1–2 For a Simple Divorce, the issued application must be formally served on the other spouse by a third-party process server in accordance with the Family Law Rules. An Affidavit of Service (Form 6B) is then filed with the court. For a Joint Divorce, this step does not apply — both spouses file together as co-applicants.

Step 3: 30-Day Response Period — Approximately 30 Days Under the Family Law Rules, the served spouse has 30 calendar days from the date of service to file an Answer. In an uncontested matter, this period typically passes without response. This step does not apply to Joint Divorces.

Step 4: Court Review and Processing — 2 to 4 Months Once the response period has elapsed, our firm submits the Affidavit for Divorce (Form 36) and the Draft Divorce Order (Form 25A) to the Judge. The Judge reviews the file in chambers — no court appearance is required for either party. Processing times vary by court location.

Step 5: Divorce Order and Final 31-Day Wait — 31 Days Once the Judge signs the Divorce Order, it becomes legally effective 31 days later, pursuant to s. 12 of the Divorce Act. This waiting period is mandatory and cannot be waived except in rare circumstances.

What Can Affect Your Timeline

Several factors may extend the standard 4 to 6 month timeline:

Court processing backlogs — court locations with higher caseloads typically process files more slowly
Incomplete or incorrectly filed documents — the court registrar will reject applications with errors, delaying the matter by weeks
Difficulty serving the spouse — particularly where the spouse resides abroad or cannot be located
Delays in filing final affidavits — Form 36 must be filed promptly after the response period ends

Joint Divorce vs. Simple Divorce Timing

Joint divorces generally move faster because Steps 2 and 3 (service and the 30-day response period) are not required. A well-prepared Joint Divorce can be finalized in as little as 4 months, whereas a Simple Divorce typically takes 5 to 6 months from filing to final order.

Phase	Description	Estimated Time
Phase 1: Filing	Draft and file Form 8A with the Ontario Superior Court of Justice	1–2 Weeks
Phase 2: Service	Serve the spouse (Simple Divorce) or file jointly (Joint Divorce)	1-2 Weeks
Phase 3: 30-day	Statutory waiting period for the spouse to file an Answer for Simple Divorce Only	30 days
Phase 4: Review	Judge reviews Form 36 and Form 25A in chambers	2-4 Months
Phase 5: Order	Mandatory 31-day wait under s. 12 of the Divorce Act	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

Fax

(905) 795 1271

We Serve Clients Across Ontario

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FAQs

Q: Do I need a separation agreement for an uncontested divorce in Ontario?

No, a separation agreement is not legally required to obtain an uncontested divorce in Ontario. However, it is strongly recommended to formalize issues such as property division, spousal support, child support, and parenting arrangements before filing. A properly drafted agreement prevents future disputes and confirms that all issues are resolved — a core requirement of any uncontested matter. For more information, see our guide on separation agreements in Ontario.

Q: What is the cheapest way to get a divorce in Ontario?

The most affordable way to get a divorce in Ontario is a Joint Uncontested Divorce. Because service is not required and both spouses file together, disbursement costs are minimized. At Shaikh Law Firm, our flat fee of $999 + HST covers a fully managed Simple or Joint uncontested divorce, bringing the total cost including court fees to approximately $1,797.87. For a detailed breakdown of low-cost options, see our guide on the cheapest way to get a divorce in Ontario.

Q: Can I file for an uncontested divorce online in Ontario?

Yes. The Ontario government offers an online divorce filing service for uncontested matters through the Ontario Superior Court of Justice. Our firm manages the online filing process on your behalf — preparing Form 8A, submitting supporting affidavits electronically, and coordinating with the court registry. This eliminates the need for in-person court visits. For more details, see our guide on online divorce in Ontario.

Q: What is the difference between a Divorce Order and a Divorce Certificate?

A Divorce Order is the signed judgment issued by the Ontario Superior Court of Justice that legally dissolves the marriage once the 31-day waiting period under s. 12 of the Divorce Act has elapsed. A Divorce Certificate is a separate, optional document issued by the court as formal proof that the divorce has taken effect. The Certificate costs $25 and is typically required only if you plan to remarry, apply for immigration, or require documentary proof of divorce for banking or foreign jurisdictions.

Q: Do I need a lawyer for an uncontested divorce in Ontario?

No, you are not legally required to retain a lawyer to file for an uncontested divorce in Ontario. However, retaining a family lawyer ensures that your application complies with the Divorce Act and the Family Law Rules, reduces the risk of court rejection due to procedural errors, and provides legal certainty on issues such as child support, property division, and spousal support. If you wish to proceed without legal representation, see our guide to do-it-yourself divorce in Ontario.

Q: When can I remarry after an uncontested divorce in Ontario?

You may legally remarry 31 days after the Judge signs your Divorce Order, which is the mandatory waiting period prescribed by s. 12 of the Divorce Act. To remarry, you will need to obtain a Divorce Certificate as proof that your previous marriage has been legally dissolved. The Certificate may be obtained from the Ontario Superior Court of Justice for a fee of $25.

Find a Divorce Lawyer Near You

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