Separated for at least one year
Most uncontested divorces are based on one year of living separate and apart.
UNCONTESTED DIVORCE
Uncontested divorce
When both spouses agree on the issues, an uncontested divorce is a simpler way to finalize the end of a marriage.
IS IT RIGHT FOR YOU?
An uncontested divorce usually fits when
You agree on the issues
Parenting, support and property are agreed or already settled, so there is nothing for a court to decide.
One year in Ontario
Either you or your spouse has lived in Ontario for at least one year before applying.
If you and your spouse disagree about parenting, support or property, an uncontested divorce may not be the right route. We will tell you at the first call.
TWO WAYS TO APPLY
Simple or joint application
Simple application
One spouse applies, and the other spouse is served with the papers. Useful when your spouse agrees but will not sign, or cannot be easily reached.
Joint application
Both spouses apply together and sign the documents, so no service is needed.
HOW I CAN HELP
- 1
Review your situation
We confirm an uncontested divorce is the right route and explain the process.
- 2
Prepare the documents
The divorce application, supporting affidavit and draft divorce order are prepared for you to review and sign.
- 3
File with the court
Your application is filed with the Superior Court of Justice and, for a simple application, served on your spouse.
- 4
Divorce order
A judge reviews the file. The divorce usually takes effect 31 days after the order is signed.
WHAT TO BRING
To your first appointment
- Government-issued photo ID
- Your marriage certificate (with a certified translation if it is not in English or French)
- The date you separated
- Your spouse's current address, for a simple application
- Details of any children and support arrangements
- Any separation agreement or court orders
DIVORCE QUESTIONS
How long do we need to be separated?
Most uncontested divorces are based on the spouses having lived separate and apart for at least one year. In some cases spouses can be considered separated while still living in the same home.
What is the difference between a simple and a joint application?
In a simple application, one spouse applies and the other is served with the papers. In a joint application, both spouses apply together, so no service is needed.
Do I have to go to court?
In most uncontested divorces, a judge reviews the written application and affidavit without a hearing.
When is the divorce final?
A divorce usually takes effect 31 days after the judge signs the divorce order. After that, you can ask the court for a certificate of divorce.
We married outside Canada. Can we divorce in Ontario?
Yes, if either spouse has lived in Ontario for at least one year before applying. You will need your marriage certificate, with a certified translation if it is not in English or French.
General information only, not legal advice.
SPEAK WITH THE OFFICE
Questions about an uncontested divorce?
Call the office for a confidential conversation about your situation.