Uncontested Divorce in Ontario

What Is an Uncontested (Simple) Divorce?

Ontario's family court forms use "Simple Divorce" as the official name for an application started by one spouse alone, asking only for the divorce itself — no parenting, support, or property claims included. "Uncontested divorce" is a more general, informal term people use for any divorce application, simple or joint, that nobody ends up disputing.

In practice, a Simple Divorce is generally what people mean when they talk about an "uncontested divorce": one spouse applies, the other spouse is served with the application, and if the other spouse does not dispute it, the case proceeds without a contested hearing. For the full picture of how divorce works in Ontario — eligibility, legal grounds, and the overall court process — see our complete guide to divorce in Ontario. This page focuses specifically on the simple, one-spouse application.

Simple Divorce vs. Joint Divorce vs. Contested Divorce

Ontario generally groups divorce applications into three categories, and it helps to know which one actually describes your situation before you start.

• Simple Divorce: filed by one spouse (the applicant); the other spouse (the respondent) must be formally served with the application. Asks only for the divorce itself.
• Joint Divorce: filed by both spouses together as co-applicants, so there is no one left to serve. Also asks only for the divorce itself. Read more about joint divorce applications.
• Contested Divorce: what a Simple or Joint Divorce can turn into if a spouse disputes the divorce itself, or disputes a related issue such as parenting, support, or property. Proceeds through Ontario's regular family court process. Read more about contested divorce.

A Simple Divorce and a Joint Divorce use the same underlying application form and ask for the same thing — only the number of applicants, and whether service is required, differ. See our guide's section on types of divorce applications for how all three fit together. If you're still not sure which situation applies to you, our Insights comparison of contested vs. uncontested divorce walks through how to tell them apart.

Who Can Use a Simple Divorce

A Simple Divorce is generally a good fit when only one spouse is ready or willing to start the application, the couple is not applying together, and the divorce itself is the only thing being asked for — meaning parenting, child support, spousal support, and property issues are either already resolved (for example, through a separation agreement), do not apply to your marriage, or will genuinely be dealt with separately.

A Simple Divorce does not require your spouse's agreement in advance — you can start one even if you are not certain how your spouse will react, since the process is built around formally serving them and then waiting to see whether they respond. If you already know your spouse disagrees with the divorce or wants to raise other issues, a contested divorce process may be the more realistic starting point.

What You Still Need

A Simple Divorce does not relax any of Ontario's underlying legal requirements for divorce — it only changes how the application is structured. You still need to meet Ontario's residency requirement, meaning at least one spouse must have been ordinarily resident in Ontario for at least one year immediately before applying, and you still need a valid ground for divorce under the federal Divorce Act — most commonly, having lived separate and apart for at least one year.

You will also generally need supporting documents such as your original marriage certificate (with a certified translation if it is not in English or French), and completed court forms covering the application itself and an affidavit confirming the marriage has broken down. Requirements and forms can change, so always confirm the current versions on Ontario's official court forms website before filing — see Sources & Further Reading below.

Serving Your Spouse

Because only one spouse is the applicant in a Simple Divorce, the other spouse (the respondent) must be formally notified through the court's service rules — simply telling them, texting them, or emailing them the paperwork is generally not enough on its own. This is the single biggest practical difference from a Joint Divorce, where no service step is needed because both spouses are already applicants.

1. Arrange for someone else to deliver the documents

   Family court rules generally require service to be carried out by someone other than the applicant, following the court's approved methods of service.

2. Have that person confirm the service in writing

   The person who served the documents generally completes a sworn statement (an affidavit of service) describing how and when service happened.

3. File proof of service with the court

   The court generally will not move the case forward without this proof on file, so it is worth doing promptly and keeping a copy.

If you are unsure how to locate or serve a spouse — for example, because their whereabouts are unclear — Ontario courts have alternative or substituted service procedures, but they generally require you to first show the court what efforts you made to find your spouse.

What Happens If Your Spouse Doesn't Respond

Once served, your spouse is generally given a set period of time to file a formal response (often discussed as roughly 30 days if served in Canada or the United States, and longer if served elsewhere) before you can move forward. In many Simple Divorce cases, this is exactly what happens — the time period simply passes without a response, which is often the situation people mean when they call their case an "uncontested divorce."

If no response is filed in time, the applicant generally needs to take a further procedural step — commonly described as having the respondent "noted in default" — before filing the remaining supporting materials and asking the court to grant the divorce without the other spouse's further participation. Exact deadlines, forms, and procedures can vary and change, so confirm current requirements through the official sources listed below rather than relying on general timeframes alone.

If your spouse does respond and disputes the divorce itself, or raises a related issue such as parenting, support, or property, the application generally becomes a contested divorce and moves into Ontario's regular family court process from that point forward.

Timeline and Cost Compared to a Contested Divorce

Because there is no genuine dispute for a court to resolve, a Simple Divorce that goes unanswered generally involves considerably less legal work, fewer court appearances, and lower professional fees than a contested case. That does not mean it is instant — required waiting periods still apply, including the time allowed for your spouse to respond after service, the review needed before a divorce order can be granted, and the additional period after the order before the divorce takes effect. A contested divorce, by contrast, can take considerably longer, since it involves resolving an actual dispute through Ontario's regular family court process.

On cost, a Simple Divorce generally involves government filing fees (including a separate federal fee tied to the Central Registry of Divorce Proceedings clearance check) plus whatever you spend on a lawyer or paralegal, if you use one. Because there is no dispute to litigate, many people complete a Simple Divorce with little or no legal help, though the value of professional assistance depends on your own comfort with the forms and your specific circumstances. Court fees and forms are set by regulation and can change, so confirm current amounts directly with Ontario Court Services — see Sources & Further Reading below — rather than relying on any figure quoted elsewhere.

Common Mistakes

• Assuming a Simple Divorce can also resolve parenting, support, or property disputes
• Serving the documents yourself instead of having another person serve your spouse
• Not filing proof of service, which can stall the whole application
• Losing track of the response deadline and delaying the next procedural step
• Choosing a Simple Divorce when you already know your spouse intends to dispute it
• Forgetting that the one-year residency and separation timelines still apply

Frequently Asked Questions