A divorce is uncontested when both spouses agree to the divorce and have settled, or are not disputing, the issues that go with it: property, support and the care of children. These are usually the quickest and least expensive divorces.
We prepare and file the court documents, check that your agreement and paperwork line up, and handle the process so it is done correctly the first time.
Who can apply for a divorce in Ontario
Divorce is governed by the federal Divorce Act. One spouse must have lived in Ontario for at least one year immediately before applying. The usual ground is that the marriage has broken down because you have lived separate and apart for at least one year. Adultery or cruelty can also be grounds, but most divorces rely on the one-year separation.
You can apply together as a joint application, or one spouse can apply and the other agree. Spouses can live under the same roof and still be separated if they live separate lives.
How the process works
- Confirm eligibility and gather your marriage certificate and details of any agreement
- Prepare and file the divorce application with the Superior Court of Justice
- Serve the other spouse, or file jointly
- Provide the supporting affidavit and, where children are involved, show the arrangements for their support
- A judge reviews the file; the divorce takes effect 31 days after the judgment is granted
- Order a certificate of divorce, which you will need to remarry or to update records
A divorce does not settle property or support by itself
The divorce ends the marriage. Property division, support and parenting terms need to be settled by agreement or court order. If you have not signed a separation agreement, deal with it before or together with the divorce.
Documents for an uncontested divorce
- Marriage certificate (or proof of marriage) and, if not in English or French, a certified translation
- Date and place of marriage, and the date you separated
- Your signed separation agreement or minutes of settlement, if you have one
- Names and birth dates of children and their current living arrangements
- Information about child support being paid, including income details
- Previous court orders affecting the family, if any
Frequently asked questions
How long does an uncontested divorce take?
The time depends on court processing and on how complete the paperwork is. Once a judge grants the divorce, it takes effect 31 days later. A complete, accurate application avoids avoidable delays.
Do we both need to sign?
Not always. One spouse can apply and the other does not oppose, or you can apply jointly. Either way, the court needs to see that the other spouse has been properly notified.
Can we get divorced if we married outside Canada?
Often yes, if the marriage is valid and the residency rule is met. Bring the marriage certificate and let us review the details.
Last updated: .This page is general information about Ontario law, not legal advice. Every situation is different; speak to a lawyer about yours.