How to Get a Simple Divorce in Toronto

If both you and your spouse intend to get divorced, you are eligible for a simple divorce. This process can be relatively simple and quick, provided you and your spouse are on the same page, and there are no external issues such as equalization of property, support and custody, and access. In order to get a simple divorce, there are a number of steps to consider, including:

1. Where to file
2. How to file
3. Cost
4. The Court Process

Where to File a Simple Divorce

Divorce Applications must be filed at the Superior Court of Justice. The location of the courthouse depends on the “habitual residence” of the parties intending to get divorced. 

How to File a Simple Divorce

A divorce will be relatively simple and quick if the parties are on the same page, meaning that the divorce is uncontested. There are two ways to file for uncontested divorce: (1) File a sole divorce application, or (2) file a joint divorce application.

For a sole divorce, one party initiates the Application, and the other party is served with the Application. Once served the other party either agrees with the contents of the Application or does not file a response. 

For a joint divorce, both parties complete the Application together, which informs the court that they intend to divorce. 

Cost of a Simple Divorce

It costs $632.00 to obtain a divorce in Ontario. Court fees can be paid by cash, cheque, or money order.

The Court Process For a Simple Divorce

Once the simple Divorce Application is issued and filed with the court, the other party must be personally served a copy of the issued divorce application via a third party. Once served, the other party has thirty (30) days to respond. In simple, uncontested divorce cases, the other party will typically agree to the terms of the divorce set out in the Divorce Application, or neglect to respond.

Once the thirty (30) days lapse, the Applicant files an Affidavit for Divorce. The court will review the Affidavit and make an Order for divorce. The Divorce becomes effective after thirty-one (31) days of the Order. Each party will get a copy of the Divorce Order.

What Are the two types of divorce in Canada?

Types of Divorce: Contested V. Uncontested

In Canada, there are two types of Divorce: a Contested Divorce and Uncontested Divorce.

Uncontested Divorce:  Uncontested Divorce, on the other hand, is where both spouses agree on all their divorce-related issues. Uncontested Divorce may also be commonly referred to as simple divorce or quick divorce. This is because, as the name suggests, the process is rather simple and speedier.

Contested Divorce: In a Contested Divorce spouses do not agree. Their disagreements can be about the Divorce itself, or about the terms involved in the Divorce. These terms may include and are not limited to custody, access, support, and property division. In a contested Divorce lawyers are usually retained, and the courts must intervene.

An uncontested divorce is either when both parties agree to the divorce, or one party does not oppose the divorce. In Ontario, there are two ways you can file for an uncontested divorce, either by way of a sole divorce application or a joint divorce application.

A joint divorce is essentially both spouses notifying the court that they want a divorce. A sole uncontested divorce is when one party initiates the divorce process by filing the Application in court, which is then served on the Respondent. If the Respondent does not respond to the Application (by filing an Answer) within the time stipulated in the Family Law Rules, it is assumed that the Respondent agrees to the contents of the Application and the matter proceeds uncontested.

Even though parties may have to meet certain requirements, an uncontested divorce is often much easier than a contested divorce because spouses can end their marriage without constant negotiations, legal posturing, and court hearings. Thus, an uncontested divorce usually involves less stress and fewer legal fees. The uncontested divorce process also tends to preserve a relationship between the spouses, which is especially important if they have children.

What is the procedure for uncontested divorces?

What is the procedure for (Sole) Uncontested Divorces?

Here is a checklist:

Step 1: Marriage Certificate

• Parties need to have their marriage certificate in place.

Step 2: Assess whether there are any bars to divorce

• Residency. To be eligible for an Ontario divorce, you or your spouse must have been resident in Ontario for a minimum of one (1) year. Furthermore, you or your spouse must be resident in Ontario for the duration of the entire divorce proceeding.
• Bars to divorce. Before filing a divorce application, ensure that you and your spouse are eligible to be divorced. Parties must have been separated for a minimum of one (1) year, or there must be grounds to bring an application on the count of adultery or cruelty during the marriage.

Step 3: Decide which court

Divorce Applications must be filed at the Superior Court of Justice. The location of the courthouse depends on the “habitual residence” of the parties intending to get divorced. 

• Not all courts deal with every type of family case, so you must choose the right court for your case. Only a Superior Court of Justice or a Family Court of the Superior Court of Justice can make a Divorce Order.
• You must usually file your application in the municipality where either you or your spouse lives. (Rule 5 of the Family Law Rules). You may also be eligible to file your application online at any time without visiting a courthouse.

Step 4: Complete and file court documents

• Form 8A: Application
• Original Marriage Certificate or Marriage Registration Certificate
• Continuing Record and Table of Contents: Every document you file in your case is included in a continuing record, which is kept in your court file at the courthouse. The applicant starts the continuing record and is responsible for creating its cover page and table of contents. The formal requirements of the continuing record and Rule 9 of the Family Law Rules tell you how to create and update your continuing record.

Step 5: Pay fees

• Filing Fees for an application:  $202.00
• Registration of Divorce Proceedings: $10.00
• Fee Waiver (if applicable): You may be eligible for a fee waiver if you cannot afford to pay the fees. Fee waiver request forms and a guide to the process and financial eligibility criteria are available online or on request at any court.

Step 6: Review documents

• Once the court clerk has reviewed your documents to make sure they are complete, they will issue your application. This means that they give your case a court file number, sign, date, and place a court seal on the application.
• The court will electronically send information to the federal Department of Justice’s Central Registry of Divorce Proceedings to obtain a Clearance Certificate that confirms no other divorce cases have been started in Canada for you and your spouse. The court cannot grant your divorce until they have this Clearance Certificate. This process can take 4 to 6 weeks.

Step 7: Serve your documents

• After the court issues your application, you will need to serve the following documents on upon your spouse:
  • A copy of your issued Form 8A: Application (Divorce)
  • A copy of your Continuing Record and Table of Contents
  • A blank Form 10: Answer
• Your documents should be served as soon as possible, and no later than 6 months after the date your application was issued. You are not allowed to serve these documents yourself.
• After your documents have been served, a Form 6B: Affidavit of Service must be prepared, which must then be filed with the court.
• Your spouse has 30 days to respond after they receive your application (or 60 days if they live outside of Canada or the United States).

Step 8: File additional documents:

Assuming your spouse does not respond to your Application within 30 (or 60) days, you must file the following documents:

• Form 36: Affidavit for Divorce: You must swear or affirm that the information in this form is true and sign the form in front of a qualified commissioner for taking affidavits.
• Original Marriage Certificate or Marriage Registration Certificate (if not filed before)
• Form 6B: Affidavit of Service: In this form, you explain how your spouse was served. The person who served your documents must swear or affirm that the information in this form is true and sign it in front of a qualified commissioner for taking affidavits.
• Draft Form 25A: Divorce Order: In this form, you write the orders you want the court to make. If the court makes all the orders that you want, the judge will sign and date this form and it becomes your Divorce Order.
• Two business-sized envelopes (9 ½” x 4 ⅛”), each stamped with sufficient postage: one addressed to you, and one addressed to your spouse.

When you file your completed documents with the court, you will also need to either pay the filing fees or qualify for a fee waiver:

• Filing Fee: The fee for placing your application on the list for hearing is $420.00
• Fee waiver (if applicable): You can apply for a fee waiver at this step. The clerk will review your file to confirm that all your documents are in order.

Step 9: Judge reviews Application

After the court receives the Clearance Certificate from the Central Registry of Divorce Proceedings, the clerk will give your file to a judge to review. If the judge grants your divorce, you and your former spouse will receive a copy of your Divorce Order in the mail. If information is missing from your application, you may be directed to provide additional information to the court before a judge will grant your divorce.

Step 10: Divorce Certificate (Optional)

If you require a Certificate of Divorce, you must request it from the court office where your Divorce Order was made. You can find the court address by visiting the Ministry of the Attorney General’s website. The fee for getting this certificate is $24.00.

What is the procedure for (Joint) Uncontested Divorce?

Here is a checklist:

Steps 1- 3: The first 3 steps replicate the procedure under (Sole) Uncontested Divorce

Step 4: Complete and file court documents

• Form 8A: Application (Divorce)
• Original Marriage Certificate or Marriage Registration Certificate
• Form 36: Affidavit for Divorce: One completed by you and a separate one completed by your spouse. You and your spouse must each swear or affirm that the information in your own form is true, and sign your form in front of a qualified commissioner for taking affidavits.

Other documents: Depending on your situation, you may want to file other documents with your joint divorce application, such as a separation agreement, minutes of settlement, prior court orders, or Notices of calculation or recalculation issued by the online Child Support Service.

• Draft Form 25A: Divorce Order: In this form, you write the orders you want the court to make. If the court makes all the orders that you want, the judge will sign and date this form and it becomes your Divorce Order.
• Continuing Record and Table of Contents: Every document you file in your case is included in a continuing record, which is kept in your court file at the courthouse. Parties are responsible for creating the cover page and table of contents for the continuing record.
• Two business-sized envelopes (9 ½” x 4 ⅛”), each stamped with sufficient postage: addressed to each of the parties.

When you file your completed documents with the court, you will also need to either pay the filing fees or qualify for a fee waiver:

• Filing an application: $202.00
• Placing the application on the list for hearing: $420.00
• Registration of Divorce Proceedings: $10.00

Step 5: Review documents

• Once the court clerk has reviewed your documents to make sure they are complete, they will issue your application. This means that they give your case a court file number, and sign, date, and place a court seal on the application.
• The court will electronically send information to the federal Department of Justice’s Central Registry of Divorce Proceedings to obtain a Clearance Certificate that confirms no other divorce cases have been started in Canada for you and your spouse. The court cannot grant your divorce until they have this Clearance Certificate. This process can take 4 to 6 weeks.

Step 6: Judge reviews Application

Same as Step 9 under Procedure for (Sole) Uncontested Divorce

Step 7: Divorce Certificate-

Same as Step 10 under Procedure for (Sole) Uncontested Divorce

How quickly can you get divorced in Canada?

Contrary to uncontested divorces that usually take 4- 6 months, contested divorces can range anywhere between 6- 36 months, or even longer.  This is because the two parties cannot agree on issues such as property division, child custody and access, and spousal or child support. The more you and your ex-spouse argue about those issues, the longer it will take to finalize the divorce.

Why should you consider a simple divorce?

There has been a growing increase in the number of simple divorces. Apart from being cost-effective and faster, spouses usually seek some sort of legal validation that they are no longer accompanied by their partner. The most efficient way out is by means of a simple uncontested divorce, saving parties the unnecessary ordeal of the time-consuming divorce procedures in court. This enables them to move on in their lives and start on a clean slate. The most important consideration for most parties is the mental well-being and welfare of their children. The faster parties get divorced without needless traction, the lesser the distress their children face.

Is quick divorce possible?

The good news is, yes! If you and your ex-spouse have resolved a substantial number of issues in the case, divorce can be relatively faster. This is because, all the significant issues have been dealt with between the parties, and the only thing remaining is to obtain a final divorce order.

On what ground can you get a fast divorce in Canada?

Divorce will be granted when there has been an irretrievable breakdown of marriage, i.e., breakdown of the relationship with no scope of reconciliation. In Canada, there are three grounds for divorce:

1. Separation for more than one year (Most common ground for Divorce)
2. Adultery
3. Cruelty or Torture
4. If proceeding by way of (sole) uncontested application- The party filing for divorce must prove the existence of either of the three grounds listed above, that led to the matrimonial breakdown. If the other spouse does not respond to the application within the statutory time limit, the matter will proceed uncontested. This is because, an inference is drawn against the other spouse, and he is taken to have admitted all the allegations made by the spouse initiating the divorce process.
5. If proceeding by way of (joint) uncontested application- the usual and most common ground for parties to bring a joint application is, separation for at least 1 year. You must prove that you and your spouse have lived separate and apart for at least 1 year prior to the initiation of the divorce application. Parties can be living separate and apart even if they reside under the same roof, as long as they prove that they were not living together as a couple and were in fact fundamentally separated.

How do I start the simple divorce process?

A sole uncontested divorce application may be initiated under rule 36 (1) (a) of the Family Law Rules. Either spouse may start a divorce by filing an application naming their spouse as a Respondent in the proceedings. On the other hand, a joint uncontested divorce application is brought by both the spouses by filing a joint application under rule 36(1) (b) of the Family Law Rules.

What do I need to get a simple divorce?

Before bringing an application for divorce, parties must have their original Marriage Certificate or Marriage Registration Certificate in place.  If you don’t have an original Marriage Certificate or Marriage Registration Certificate, or you were married outside of Ontario, you may obtain a copy from Service Ontario or the Registrar General of Ontario.

Do you need a lawyer for a simple divorce?

While simple divorces are straightforward and not quite convoluted, it can get overwhelming for clients who are not well-versed with the family court system. Contested or uncontested, family matters involve a great deal of procedures and several court forms that requires expertise. We at Nussbaum Law are experienced with all forms of divorce and its encompassing issues. Our family law professionals are well qualified to deal with all facets of your matter. We apply an individualized and customized approach to every case, helping you navigate the process, and explore options that are best suited for your case.

What is a simple divorce application?

A simple divorce application is a request by one of the spouses for a divorce only, with no other claims (such as parenting time, decision-making responsibility, or support). It is issued by the court and served on the other spouse (Respondent). If the Respondent does not respond within the statutory time limits as prescribed in the Family Law Rules, the matter proceeds uncontested. Upon filing additional documents, the final divorce order is issued. However, if the Respondent does respond, the process gets complicated. This is because the Responding spouse may not agree to the divorce or may want to ask the court for other reliefs like decision-making responsibility, parenting time, or support.

What is a joint divorce application?

A joint application for divorce is a request that is made by both spouses for a divorce order, with or without other terms (for example agreed-upon child support payments). In a joint divorce application, both spouses must complete the documents that are necessary to obtain the divorce.

Why would someone want a quick divorce?

There has been a growing increase in the number of quick divorces. Apart from being cost-effective and faster, spouses usually seek some sort of legal validation that they are no longer accompanied by their partner. The most efficient way out is by means of an uncontested divorce, saving parties the unnecessary ordeal of the time-consuming divorce procedures in court. This enables them to move on in their lives and start on a clean slate. The most important consideration for most parties is the mental well-being and welfare of their children. The faster parties get divorced without needless traction, the lesser the distress their children face.

Do uncontested divorces take less time than contested divorces?

Yes. Usually, uncontested divorces take anywhere between 4- 6 months, while contested divorces can range anywhere between 6- 36 months, or even longer.  The timelines are inversely proportional to the number of issues resolved between the parties. The more the number of issues successfully negotiated and settled between the parties, the faster the outcome.  

What are no-fault divorces?

No-fault divorce, as the name suggests, is divorce for no fault of either party. The spouse asking for a divorce does not have to prove or allege anything against the other spouse.

No-fault divorces usually and simply proceed based on incompatibility and irreconcilable differences between the parties. It is important to bear in mind, that the 1-year separation rule still applies. However, parties do not have to wait until they have been separated for a full year, in order to apply for a divorce in Canada. They could begin the application process as soon as they have been separated but the courts will not grant a divorce until 1 whole year has been completed.

Can you sever divorce from corollary relief to proceed on an uncontested basis?

There may come a time when parties agree on getting a divorce but disagree on corollary relief. In such situations, you may be able to sever divorce from other surrounding issues and proceed on an uncontested basis. This enables you to attenuate your case and focus on other pressing issues. However, courts may not agree to sever unless the parties have satisfactory parenting and child support arrangements in place.

Do you need a lawyer for an uncontested or simple divorce?

While uncontested divorces are straightforward and not quite convoluted, it can get overwhelming for clients who are not well-versed with the family court system. Contested or uncontested, family matters involve a great deal of procedures and several court forms that requires expertise. We at Nussbaum Law are experienced with all forms of divorce and its encompassing issues. Our family law professionals are well qualified to deal with all facets of your matter. We apply an individualized and customized approach to every case, helping you navigate the process, and explore options that are best suited for your case. To speak with an experienced family law lawyer about the divorce process and the best options available to you, contact us.

Quick Divorce is a Toronto-based law firm specializing in affordable, simple divorces.