Simple Divorce

Uncontested Divorces in Ontario
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 uncontested divorce. One can either file a sole divorce application, or 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.

Requirements for a Uncontested Divorce

1. 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 full duration of the Divorce proceeding.
2. 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 adultery or cruelty must have occurred during the marriage. Speak to your lawyer to confirm whether you are eligible for a divorce.
3. Ensure you and your spouse are on the same page. Before filing for an uncontested divorce, ensure that your spouse will not contest the divorce. This means that they not only agree to get divorced, but also that you have come to an agreement in relation to the division of property, spousal and child support, and custody and access issues pertaining to the children.
4. The children (if any). The court will seldom issue a divorce if the issues pertaining to the children are unresolved. This includes determining each party’s custodial rights (decision-making), parenting time, and the amount of child support that must be paid to the parent with the majority of the parenting time.
5. Fees. It costs $632.00 to obtain a divorce in Ontario. Court fees can be paid by cash, cheque or money order. Our firm can make payment on your behalf, when we issue the Divorce Application with the court, prior to serving your spouse.
6. Service. If you are completing a sole divorce application, once you complete your application and issue it with the court, your spouse must be personally served by a third party with a copy of the Application, and other documents required by the Family Law Rules. Your spouse can also be served via mail, but your spouse will be required to complete an acknowledgement, confirming receipt. Our firm can assist you in serving your spouse, no matter where in the world they reside, and completing the Affidavit of Service to be filed with the court, to confirm that service was effective.
7. Timeline. Once your spouse is served with your Divorce Application, they have thirty (30) days to respond. If they do not respond, you can submit the second part of your Divorce Application, or the Affidavit of Divorce, following which the court will grant a divorce. Your divorce will become effective thirty (30) days after the court issues your divorce. If all goes smoothly, your divorce can be completed in about four (4) months from the date of service.

Contested Divorce

If your spouse disagrees to the terms of the divorce as set out in your Divorce Application, it is a contested divorce. As a result, parties will either have to negotiate to come to an agreement, or litigate the issues they cannot settle.

Whether you are the applicant, or the contesting party, we are able to assist you in protecting your legal rights when it comes to all matters relating to your divorce including the division of property, spousal and child support, and custody and access issues.