Divorce is never easy but it doesn’t have to be complicated—especially when the uncontested divorce process is an option. In Ontario, 75% of divorces are uncontested, meaning spouses agree on all key issues like property division, custody and support. Not only does it speed up the process but slashes legal fees by avoiding court battles. But where do you start? The paperwork can be overwhelming especially if you’ve never dealt with legal forms.

Here’s the good news: you don’t have to figure it out alone. In this guide we’ll walk you through the uncontested divorce process step by step so you can move forward without stressing over the details—even if you’ve never done legal paperwork before. Whether you’re still thinking about separation or ready to file, by the end of this post you’ll feel empowered to take the next steps with confidence.

What Is an Uncontested Divorce and Is It Right for You?

Uncontested Divorce in Ontario 101

Divorce is never an easy decision but if you and your spouse can agree on the main issues of your separation like child custody, property division and support you may be eligible for an uncontested divorce. In Ontario an uncontested divorce is a legal process where both spouses agree on the terms of the divorce without the need for court intervention. This process is not only quicker and less stressful but also more affordable than a contested divorce which often involves lengthy court proceedings and higher legal fees.

With an uncontested divorce the process is generally streamlined, focusing on paperwork and formalities rather than courtroom drama. If you and your spouse are on the same page this could be the best way for you to dissolve your marriage smoothly and efficiently.

Contested vs Uncontested Divorce

It’s important to understand the difference between contested and uncontested divorces. In a contested divorce spouses can’t agree on one or more terms which means the court has to intervene to resolve these disputes. This can involve battles over finances, property, child custody and support payments. Contested divorces can take years to resolve and the legal fees can add up fast.In contrast an uncontested divorce is much simpler. Since both parties agree on the terms there’s no need for court hearings to resolve disputes. This means less time, less legal fees and less emotional stress. For couples who can find common ground an uncontested divorce is a peaceful way to end your marriage.

Why Choose an Uncontested Divorce?

An uncontested divorce is the preferred option for many couples for several reasons. First it’s cheaper than a contested divorce. You won’t have to spend months (or years) in court and you won’t incur legal fees. Secondly it’s faster. Since both parties are in agreement you can move through the process much quicker. Finally it’s less stressful—without the court battles and emotional tension you can focus on finalizing your separation in a more amicable way.

If you and your spouse agree on the terms there’s no reason to complicate matters with a contested divorce. The uncontested divorce process in Ontario is designed to help couples dissolve their marriage peaceful and cost effective.

Eligibility Requirements to File an Uncontested Divorce in Ontario

Residency Rules and Timeframes You Need to Know

To file for an uncontested divorce in Ontario you and your spouse must meet specific residency requirements. At least one of you must have lived in Ontario for a minimum of 12 months before filing. This rule applies regardless of where you were married. Even if you were married in another province or country as long as you meet the residency requirement you can file for divorce in Ontario.

Additionally you must be separated from your spouse for at least one year before your divorce will be granted. However you can start the paperwork process at any time during this separation period so you don’t have to wait a full year to start the uncontested divorce process.

Can You File if You and Your Spouse Don’t Agree on Everything?

One of the common misconceptions about uncontested divorces is that both spouses need to agree on everything before filing. While it’s true that major issues like child custody, support and property division must be resolved, there’s some flexibility when it comes to smaller issues. If you’re struggling to agree on minor matters you can still file for an uncontested divorce as long as both parties are willing to negotiate and finalize terms amicably.If you and your spouse need help with certain issues consider working with a mediator or a Certified Divorce Specialist (CDS) who can guide you and help you reach an agreement so you can still file for an uncontested divorce and avoid going to court.

Step 1: Gather the Divorce Documents

Forms You’ll Need to Get Started

The first step in the uncontested divorce process is gathering the paperwork. In Ontario the main document you’ll need to file is Form 8A, the Application for Divorce. This form outlines the details of your marriage, separation and the agreement between you and your spouse on issues like property and child support.

In addition to Form 8A you may also need:

Tips for Completing Ontario’s Form 8A (Application for Divorce)

Form 8A is the foundation of your divorce application. Make sure you fill it out accurately to avoid delays. The form requires basic information about your marriage including the date you were married, the date you separated and any agreements made regarding children or property.

A few tips to keep in mind:

• Be thorough but concise when filling out the form.
• Ensure all information is consistent with any separation agreements or prior arrangements.
• Double check all personal details for accuracy, especially names, dates and addresses.

If you’re unsure about any section it’s worth consulting with a Certified Divorce Specialist (CDS) or legal professional to ensure your paperwork is in order.

Step 2: File Your Divorce Application

How and Where to File Your Divorce Papers in Ontario

Once you have your forms complete the next step is to file your application at your local courthouse. In Ontario you must file your divorce application at the Superior Court of Justice. Most major cities will have a courthouse where you can submit your forms in person.Make sure to bring multiple copies of each document as the court will require both original forms and copies. You’ll also need to pay a filing fee which covers the processing of your application. The fee varies by location but you can expect to pay around $669 ($224 upfront and $445 when you request the divorce order).

Can You File Online? E-filing of Uncontested Divorce

Ontario has introduced an e-filing system where you can submit your uncontested divorce forms online. This can be a more convenient option if you don’t want to go to the courthouse. The e-filing process is straightforward: upload your completed forms, pay the fees online and wait for confirmation.

However not all cases are eligible for e-filing so check if your situation qualifies before you start. While the online system saves time some users may still want to file in person to ensure all documents are submitted correctly.

Step 3: Serve the Divorce Papers to Your Spouse

What Does Serving Divorce Papers Mean in an Uncontested Divorce?

Serving the divorce papers to your spouse is a part of the process. Even if you both agree the law requires your spouse to be formally served the documents. This step ensures your spouse has been notified of the divorce and agrees to the terms.

In an uncontested divorce serving papers is often just a formality but it’s important to follow the correct procedure to avoid any issues later on.

How to Serve Papers: In Person, Mail or Process Server

There are a few ways to serve divorce papers in Ontario:

• In Person: Have someone (other than yourself) hand-deliver the documents to your spouse.
• By Mail: Send the papers by regular or registered mail but you will need proof of receipt.
• Process Server: For a fee you can hire a process server to deliver the documents.

Once your spouse has been served you’ll need to complete Form 6B, the Affidavit of Service, which confirms the papers were delivered correctly.

Step 4: Waiting Period and Next Steps

What Happens After Filing? 31-Day Waiting PeriodOnce your spouse has been served and the paperwork has been filed the court requires a 31-day waiting period before the divorce is final. This waiting period allows for any changes or disputes to be addressed. However in an uncontested divorce this period usually passes without issue since both parties are in agreement.

During this time be patient. Once the 31 days are up you can proceed with the final steps of the divorce.

Can You Remarry After the Waiting Period? A Common Mistake

Many people think they can remarry after the waiting period. But you can’t remarry until you get the Divorce Order from the court. Once the 31 days are up you’ll need to request this order which ends your marriage.

It’s only after you get the Certificate of Divorce that you can remarry.

• Uncontested Divorce Basics: An uncontested divorce is where both spouses agree on all major issues, making it a faster, more affordable, and less stressful option than a contested divorce.
• Cost-Effective Solution: Since both parties agree, uncontested divorces avoid costly court battles, leading to significant savings on legal fees.
• Residency Requirements: To file for an uncontested divorce in Ontario, at least one spouse must have lived in the province for at least 12 months.
• Separation Timeline: You must be separated for a minimum of one year before a divorce will be granted, though paperwork can be started earlier.
• Flexibility in Agreements: Minor disagreements between spouses don’t prevent an uncontested divorce, as long as both parties are willing to negotiate the terms.
• Necessary Forms: Key forms include Form 8A (Application for Divorce), Form 36 (Affidavit for Divorce), and Form 25A (Divorce Order).
• Filing Options: Divorce papers can be filed in person at the Superior Court of Justice or through Ontario’s convenient e-filing system.
• Serving Papers: Spouses must officially serve divorce papers to each other using personal delivery, mail, or a process server, followed by filing Form 6B (Affidavit of Service).
• Mandatory Waiting Period: There is a 31-day waiting period after serving the papers before the divorce is finalized.
• Remarriage: You can only remarry after receiving the official Divorce Order and Certificate of Divorce, not immediately after the waiting period.
• Informational Intent: Learn about the eligibility requirements for our Naked Divorce Filer Service – Click Here.