Family Law · Divorce · Ontario

Uncontested Divorce
Ontario.

When both spouses agree to the divorce and have resolved the issues between them, an uncontested divorce in Ontario is straightforward, affordable, and does not require a court appearance.

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What Is an Uncontested Divorce in Ontario?

An uncontested divorce is a divorce in which both spouses agree that the marriage has broken down and where any issues arising from the separation — such as property division, support, and parenting arrangements — have already been resolved, typically through a separation agreement.

In an uncontested divorce, neither party disputes the divorce itself, and there are no outstanding issues for a judge to determine. As a result, the court process is largely administrative — the judge reviews the application to ensure the legal requirements are met and, if satisfied, grants the divorce order.

Uncontested divorces in Ontario do not typically require either spouse to appear in court. The process is initiated by filing a court application and is finalized when the court issues a Divorce Order — usually several months after filing, depending on court capacity.

Requirements for Divorce in Ontario

To obtain a divorce in Ontario under the Divorce Act, the following requirements must be met:

  • Jurisdiction: At least one spouse must have been ordinarily resident in Ontario for at least one year before the divorce application is filed.
  • Marriage breakdown: The marriage must have broken down. The most common ground is separation for at least one year — spouses must have lived separate and apart for twelve consecutive months. This is by far the most frequently used ground in Ontario. The other grounds — adultery and physical or mental cruelty — are rarely used because proving them adds cost and complexity.
  • No collusion: The divorce must not be sought through collusion or fraud, and the parties must not have resumed cohabitation for the purpose of undermining the separation period (though brief attempts at reconciliation of 90 days or less do not restart the clock).
  • Children's arrangements: The court must be satisfied that reasonable arrangements have been made for the financial support of any children of the marriage.

Solvine Law will confirm that your situation meets these requirements before filing your application.

The Uncontested Divorce Process in Ontario

An uncontested divorce in Ontario proceeds through the following stages:

  1. Separation agreement (if applicable): If you have children or property, a separation agreement should be in place before filing for divorce. This ensures the court can confirm that arrangements for the children have been made.
  2. Preparation of court documents: Solvine Law prepares the required documents, including the Application for Divorce, financial statement (if required), and supporting affidavits.
  3. Filing: The application is filed with the Ontario Superior Court of Justice. Court filing fees are paid at this time.
  4. Service: If both spouses are parties to a joint application, service is not required. In a sole application, the other spouse must be served with the application.
  5. Response period: The respondent spouse has 30 days to file a Response. If no response is filed (uncontested), the matter proceeds on an uncontested basis.
  6. Affidavit for Divorce: After the response period, the applicant files an Affidavit for Divorce confirming that the marriage has broken down and the relevant facts.
  7. Divorce Order: A judge reviews the application and, if satisfied, signs the Divorce Order. This is typically done without a hearing in uncontested cases.
  8. Certificate of Divorce: Thirty-one days after the Divorce Order is signed, the parties can apply for a Certificate of Divorce — the document that confirms the divorce is legally final.

Joint vs. Sole Divorce Applications in Ontario

Ontario couples can apply for divorce jointly (together) or one spouse can apply on their own (a sole application).

Joint application: Both spouses apply together. There is no need to serve one spouse on the other, and the process is often smoother and faster. A joint application signals that the divorce is truly uncontested and cooperative.

Sole application: One spouse applies and serves the other. The respondent spouse has 30 days to file a Response. If no response is filed, the matter proceeds as uncontested. A sole application is appropriate when only one spouse wants to proceed with the formal divorce process at a particular time, or when a joint application is not practical.

Solvine Law can assist with both joint and sole uncontested divorce applications. We will advise you on which is more appropriate for your circumstances.

Divorce vs. Separation — What Is the Difference?

Many Ontarians confuse separation and divorce. They are distinct legal statuses:

Separation occurs when spouses decide to live apart with the intention of ending the marriage. There is no legal document or registration required — separation begins when the parties decide to separate. A separation agreement can resolve the practical issues, but does not end the marriage.

Divorce is a court order formally ending the marriage. You must have a Divorce Order to legally remarry. A divorce can be applied for after one year of separation (the most common ground in Ontario).

You can be legally separated — with a complete separation agreement addressing all property, support, and parenting issues — without ever getting divorced. Many separated couples choose never to formally divorce, particularly if remarriage is not a priority. However, when legal finality is important, a divorce order provides that certainty.

Cost and Timeline for Uncontested Divorce in Ontario

Solvine Law charges a flat fee for uncontested divorce assistance. Our fee covers the preparation of your court documents, guidance through the filing process, and support until your divorce order is obtained.

In addition to our flat fee, you will pay court filing fees to the Ontario Superior Court of Justice. These are set by the court and are not within our control.

Timeline: The total time from filing to Divorce Order depends on court processing times, which vary by location. In many Ontario courts, uncontested divorces are processed within three to six months of filing. The Certificate of Divorce is available 31 days after the Divorce Order is signed.

Solvine Law can assist with uncontested divorces across Ontario entirely virtually. You do not need to appear in court, and you do not need to visit a law office. We handle the documentation, guide you through the process, and answer your questions throughout.

Frequently Asked Questions

Common questions
answered.

Do I need a lawyer to get divorced in Ontario?

You are not legally required to hire a lawyer for an uncontested divorce in Ontario. However, the process involves specific court documents and procedures, and errors can cause delays. Solvine Law can prepare your documents and guide you through the process at a flat, affordable fee.

How long does an uncontested divorce take in Ontario?

From filing to Divorce Order, most uncontested divorces in Ontario take three to six months, depending on court processing times. The divorce becomes final 31 days after the Divorce Order is granted.

Can I apply for divorce before the one-year separation period is complete?

You can file the application after the separation period is complete. Some lawyers file shortly before the one-year mark when the date is imminent. Filing before the one year is up on the grounds of separation will result in the application being returned.

What if I do not know where my spouse is?

Service of a divorce application can be challenging when a spouse's whereabouts are unknown. There are procedures for substituted service or dispensing with service. Contact Solvine Law to discuss your options.

Do I need a separation agreement before I can get a divorce?

A separation agreement is not a legal prerequisite for divorce. However, if you have children, the court must be satisfied that reasonable support arrangements have been made. A separation agreement is the most effective way to demonstrate this.

Can I get a divorce if my spouse will not cooperate?

Yes — you can file a sole divorce application even if your spouse refuses to participate. If your spouse does not file a Response, the matter proceeds as uncontested. Note that outstanding issues (property, support, parenting) would still need to be resolved — through agreement, mediation, or court.

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