Uncontested Divorce in Ontario: How It Works

If you and your spouse both want the marriage to end and you agree on the terms, you can usually get divorced in Ontario without a fight and without a courtroom. That is what people mean by an uncontested divorce. It is the cheapest, fastest, and least stressful way through, but it only stays simple if the paperwork is done right the first time.

Here is how an uncontested divorce actually works in Ontario, what the two routes are, and where most people trip up.

What "uncontested" actually means

Divorce in Canada is federal. It runs under the Divorce Act, the same statute in every province. An uncontested divorce is one where the other spouse does not dispute it. Either you file together, or one of you applies and the other simply does not respond.

That is the only thing "uncontested" describes: nobody is fighting about whether the divorce happens. It does not mean you have to handle everything yourself, and it does not mean the court rubber-stamps whatever you send in. A judge still reviews the file and will refuse to grant the divorce if something is wrong, especially around children.

The two routes: joint divorce and simple divorce

Ontario gives you two ways to do an uncontested divorce.

A joint divorce is where both spouses file the application together. There is no applicant and respondent, just two people asking the court for the same thing. Nobody serves anybody, because there is no opposing side. This is the smoothest option when you are both on the same page and willing to sign together.

A simple divorce is where one spouse applies on their own and serves the other spouse with the application. The served spouse does not respond, so it proceeds without opposition. You use this route when you cannot, or would rather not, file jointly, but you are confident the other side will not contest it. The catch is service: you have to serve the application properly and prove to the court that you did.

Both routes end in the same place, a divorce that goes through without a hearing. The difference is whether you file together or serve the other side.

The ground for divorce: usually one year apart

The Divorce Act lists three grounds, but the one nearly everyone uses is a one-year separation. You must have lived separate and apart for at least a year before the divorce is granted. You can start the application before the year is up; you just cannot get the final order until the year has passed.

Living "separate and apart" does not always mean living at different addresses. In some cases spouses separate while still under the same roof, often for financial or childcare reasons. The court can accept that, but you have to show the marriage was genuinely over: separate finances, separate bedrooms, no shared social life as a couple. This is one of the areas where a sloppy affidavit gets a file sent back.

The other two grounds, adultery and cruelty, let you skip the one-year wait, but they require proof and tend to make a clean uncontested divorce messier. Most people are better off waiting out the year.

The forms and the paperwork

The core document is the Application (Divorce), Form 8A. That is what starts the case, whether you file jointly or on your own.

To finish without setting foot in a courtroom, you file an Affidavit for Divorce, Form 36. This is the sworn document that lets a judge grant the divorce on the strength of the paperwork alone, instead of making you attend. It confirms the facts: the date of separation, that reconciliation is not realistic, and that any arrangements for the children are in order.

When the judge is satisfied, the court issues a Divorce Order. Thirty-one days after that order, once the appeal period has run, you can ask for a Certificate of Divorce. That certificate is the document you will need if either of you wants to remarry, so do not skip it.

You can see the full set of Ontario family forms on our forms page.

Children change the math

If you have children, a judge will not grant the divorce unless reasonable child-support arrangements are in place. This is not optional and it is not a formality. The court checks that support lines up with the Federal Child Support Guidelines, based on the paying parent's income and the number of children.

Agreeing on a number between yourselves is not enough if that number is below what the Guidelines require. A judge can hold up the entire divorce over a support figure that does not add up. This is the single most common reason an otherwise simple file stalls.

Do you have to go to court?

In a properly prepared uncontested divorce, no. The whole point of the Form 36 affidavit is to let a judge grant the divorce on the documents. You file, the court reviews, and the order comes back in the mail. No hearing, no appearance.

That only holds if the paperwork is clean. If the file is missing a document, names a wrong date, or has a child-support figure the judge questions, the court bounces it back and you start that part over. Each round trip adds weeks or months.

Uncontested does not mean unrepresented

Plenty of people assume that because nobody is fighting, they do not need a lawyer. The fighting is not the hard part. The paperwork is. Filing the wrong form, miscalculating support, botching service in a simple divorce, or swearing an affidavit that does not match your separation facts will get your application rejected, and you often will not find out for weeks.

Getting it right the first time is cheaper than fixing it the second time. That is the real value of having someone handle the file.

How Ryan helps

Ryan Manilla handles uncontested divorces in Toronto and across the GTA on a flat fee, so you know the cost before you start. No hourly clock, no surprise bill. He prepares the Form 8A and Form 36, confirms your child-support numbers against the Guidelines, handles service if you are filing a simple divorce, and gets the file through to your Divorce Order and Certificate of Divorce.

The first consultation is free. You can tell Ryan where things stand, find out which route fits, and get a straight answer on cost and timing before you commit to anything. Book your free consultation, or read more in our divorce insights and our guide to separation agreements.