What Is a Joint Divorce?
A joint divorce is an application for divorce started by both spouses together, as co-applicants, rather than by one spouse against the other. Ontario's own court forms and checklists use "Joint Divorce" as the formal term for this type of application, distinct from a "Simple Divorce" filed by a single applicant. In both cases, the application generally asks only for the divorce itself — no other issue needs to be in dispute.
A joint divorce is not a different kind of legal outcome — the marriage ends the same way, under the same federal Divorce Act, whether one spouse applies alone or both apply together. What changes is the application itself: who signs it, and what has to happen afterward for the court to process it.
How It Differs From a Simple (Single-Applicant) Divorce
Ontario's courts generally group uncontested divorce applications into two forms, using the same core application form but different roles for the spouses. Read more about the simple, single-applicant divorce for a fuller look at that version of the process; this page focuses on what changes when both spouses apply together.
- Simple divorce: one spouse is the applicant, the other is the respondent. Because there is a respondent, the application generally must be formally served on that spouse, and the applicant must then wait to see whether a response is filed within the applicable time limit.
- Joint divorce: both spouses are applicants. There is no respondent, so there is generally no one to serve. Both spouses sign the application (and the supporting affidavit) as applicants, confirming they are applying together on the same terms.
Beyond that difference, the two application types share most of the same underlying legal requirements. For the fuller picture of divorce eligibility, grounds, timelines, and costs that apply to any uncontested divorce, see the main guide to divorce in Ontario.
Why Couples Choose a Joint Divorce
The main practical advantage of a joint divorce is the absence of a service step. Serving a spouse can add time, cost, and friction to a simple divorce, especially if that spouse is difficult to reach, reluctant to engage with paperwork, or simply lives at a distance. When both spouses are already applicants, that step generally falls away, which can make the overall process feel more straightforward and can shorten the time it takes to move the application forward.
A joint divorce can also suit couples who have already worked out their separation on amicable terms and want the paperwork itself to reflect that they are acting together, rather than framing one spouse as bringing a claim against the other.
A joint divorce is not automatically faster or simpler for every couple, however — it still depends on both spouses being willing and available to complete, sign, and file the same documents together, and on the underlying facts genuinely being uncontested.
What You Still Need to Qualify
A joint divorce does not relax the underlying legal requirements for divorce in Ontario — it only changes who applies. The same core requirements still apply, and are covered in more depth in the main divorce guide:
- Residency: at least one spouse must have been ordinarily resident in Ontario for at least one year immediately before the application is started.
- Grounds: the marriage must have broken down, most commonly shown by living separate and apart for at least one year, though adultery or cruelty can also be relied on in some cases.
- Genuine agreement: since both spouses are applicants, both need to actually agree with what is being filed — a joint application is not a way to compel a reluctant spouse to participate.
Resolving Other Issues First
Like a simple divorce, a joint divorce is generally used when the only thing being asked of the court is the divorce itself, with no other issue left open. If you and your spouse still have unresolved questions about support, property, or parenting, those issues typically need to be addressed before, or separately from, an uncontested joint application.
Many couples resolve these issues in advance through a separation agreement — a private contract that sets out how support, property, and parenting will be handled, without involving the court in those specific terms. Once such an agreement is in place, the joint divorce application can generally focus solely on ending the marriage.
If support, property, or parenting arrangements are not yet settled, or if you and your spouse want the court itself to formally order agreed terms on those issues, that generally calls for a different, more complete family court application rather than an uncontested joint divorce — and if anything about those issues is genuinely disputed, the matter is no longer uncontested at all. Read more about starting a family court case for that broader process.
The General Process for a Joint Application
This is a general outline. Your own steps may vary depending on your situation and court location.
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Confirm eligibility together
Both spouses confirm the residency requirement is met and agree on the ground for divorce, most commonly one year of separation.
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Resolve other issues, if any remain
Where support, property, or parenting are not yet settled, address them first, often through a separation agreement.
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Complete the application together
Both spouses are named, and both sign, as applicants on the divorce application and supporting affidavit.
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File with the Superior Court of Justice
Filed along with the applicable court fee and supporting documents, such as a marriage certificate.
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No service step required
Because there is no respondent, the application generally does not need to be formally served on either spouse.
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Obtain the federal clearance certificate
Issued by the Central Registry of Divorce Proceedings once no competing divorce proceeding is found for the marriage.
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Have the application reviewed by the court
Depending on the court and case, this may happen in writing or at a hearing.
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Receive the divorce order, then wait out the 31-day period
The divorce does not take effect until 31 days after a judge grants it, to allow time for a possible appeal.
What If You Later Disagree?
A joint divorce depends on both spouses continuing to agree, from filing through to the court's review of the application. If a genuine disagreement arises after you have already filed together — for example, about a fact in the affidavit, or about an issue that later turns out not to be fully resolved — the application generally cannot continue as an uncontested joint divorce as originally filed.
Depending on the situation, this may mean amending the application, one spouse withdrawing as a joint applicant, or the matter effectively becoming contested and moving into Ontario's regular family court process. Read more about contested divorce for what that broader process generally involves.
Common Mistakes With Joint Divorce Applications
- Assuming a joint divorce lets you skip the residency or one-year separation requirement
- Filing jointly while one spouse still has real, unresolved concerns about support, property, or parenting
- Inconsistent information between the two spouses' sections of the application or affidavit
- Missing a required supporting document, such as a marriage certificate
- Assuming a separation agreement automatically becomes part of, or is enforced by, the divorce order itself
- Not planning for what happens if one spouse becomes unavailable or unwilling to continue partway through
Frequently Asked Questions
What is a joint divorce in Ontario?
A joint divorce is a divorce application started by both spouses together, as co-applicants, rather than by one spouse alone. Like a simple divorce, it generally asks only for the divorce itself. See What Is a Joint Divorce? above.
How is a joint divorce different from a simple (single-applicant) divorce?
A simple divorce names one spouse as the applicant and the other as the respondent, so the application must be served on the respondent. In a joint divorce, both spouses are applicants, so there is no respondent to serve, which can simplify and speed up the process. See How It Differs From a Simple Divorce.
Do we need to serve the divorce application on each other in a joint divorce?
No. Because both spouses sign on as applicants, formal service is generally not required for a joint application, which is one of its main practical advantages over a simple divorce.
Can we ask for child support, spousal support, or parenting orders in a joint divorce?
A joint divorce is generally used when the only relief sought is the divorce itself. If support, property, or parenting arrangements are already agreed, they are often set out in a separation agreement instead of being relitigated in the application; anything genuinely unresolved or contested usually needs a more complete family court process. See Resolving Other Issues First.
Do we still need to meet the same residency and separation requirements as a simple divorce?
Yes. A joint divorce still requires that at least one spouse has been ordinarily resident in Ontario for at least a year, and still relies on the same legal grounds under the Divorce Act, most commonly one year of separation. See What You Still Need.
What if we disagree about something after we've already filed jointly?
If a genuine disagreement arises after filing, the application generally cannot continue as an uncontested joint divorce. Depending on the disagreement, it may need to be withdrawn, amended, or converted into a contested application. See What If You Later Disagree?
How long does a joint divorce typically take?
Timelines vary by court location and workload, but an uncontested joint divorce commonly takes a few months from filing to the divorce order, since there is no service step and, generally, no dispute to resolve.
Do we need a lawyer to file a joint divorce?
There is no legal requirement to use a lawyer for an uncontested joint divorce, and many couples complete the forms themselves. A lawyer or paralegal can still be useful for reviewing your application or for the separation agreement addressing your other issues.