Step by Step Divorce in Ontario: Your Complete Guide to an Uncontested Divorce
Step by Step Guide to Divorce in Ontario:
Your Complete Guide to an Uncontested Divorce
Ending a marriage is never easy, but the process of legally finalizing a divorce in Ontario doesn’t have to be overwhelming—or costly. If you’re feeling daunted by the idea of filing divorce papers or you’re unsure where to start, take a deep breath. You’re not alone, and there’s good news: over 70% of divorces in Ontario are uncontested, meaning couples don’t need to battle it out in court.
This guide will walk you through the entire step by step divorce in Ontario process, showing you how to navigate an uncontested divorce without expensive lawyers or complex legal jargon. We’ll break down each step in plain language, helping you take control of your divorce journey with confidence and clarity.
Understanding Uncontested Divorce in Ontario: Is It Right for You?
Before diving into the steps, let’s clarify what an uncontested divorce actually means. Simply put, it’s when both spouses agree on all the major issues: child custody, support payments, and how to divide property. This cooperative approach is often quicker, less stressful, and significantly cheaper than a contested divorce.
What Makes an Uncontested Divorce Simpler?
When you and your spouse can agree on divorce terms, you eliminate the need for lengthy court battles. You’ll mainly be filing paperwork, and in most cases, you won’t even need to appear in court. The absence of disputes makes this path straightforward, which is why it’s often the best choice for couples who can communicate effectively.
Benefits of Choosing an Uncontested Divorce
The advantages are compelling:
- Faster resolution (typically 4-6 months instead of years)
- Lower costs (hundreds instead of thousands in legal fees)
- Less emotional stress on you and your children
- More privacy (no public court battles)
- Greater control over the outcome
Step 1: Confirm Your Eligibility for Divorce in Ontario
Before starting your step by step divorce in Ontario, you need to ensure you meet the basic requirements.
Residency Requirements
Either you or your spouse must have lived in Ontario for at least one year before filing for divorce. This is mandatory under Canadian law, and there’s no way around it. If you’ve recently moved to Ontario, you’ll need to wait until you hit that one-year mark.
Legal Grounds for Divorce
In Ontario, divorce is typically granted based on one ground: the breakdown of the marriage. The most common way to prove this is by living separate and apart for at least one year. You don’t need to prove fault, blame anyone for adultery, or document cruelty. Once you’ve been separated for a year, you’re ready to move forward.
Note: While you can file for divorce immediately after separation, the court won’t grant the final divorce order until the full year has passed.
Step 2: Determine the Right Court for Your Situation
This is a crucial step that many guides overlook. In Ontario, different courts handle different aspects of family law, and filing in the wrong court can cause delays and complications.
Understanding Ontario’s Court System
There are three courts that handle family law cases:
- Family Court Branch of the Superior Court of Justice – This is your go-to court for all family law matters, including divorce. If available in your area, start here.
- Superior Court of Justice – If there’s no Family Court Branch in your municipality, this court handles:
- Divorce proceedings
- Division of property
- Matrimonial home issues
- Child and spousal support
- Parenting arrangements
- Restraining orders
- Ontario Court of Justice – This court handles everything except divorce and property division. They don’t charge court fees, but they can’t grant divorces.
Choosing the Right Court
As a general rule:
- File in the municipality where you or your spouse lives
- If child custody is involved, file where your children live
- When in doubt, contact your local family court for guidance
Understanding Court Fees
Step 3: Organize All Essential Documents
Getting your paperwork in order early will save you time and frustration later. Missing documents are one of the top reasons for delays in the divorce process.
Key Documents You’ll Need
Gather these documents before you begin:
- Marriage certificate (original or certified copy)
- Separation agreement (if you have one)
- Financial statements (if seeking support)
- Proof of separation date (lease agreements, utility bills, affidavits)
- Children’s birth certificates (if applicable)
Avoiding Common Documentation Mistakes
The most frequent errors include:
- Submitting photocopies instead of certified copies
- Leaving fields blank instead of writing “N/A”
- Forgetting to sign documents
- Using outdated forms
Pro tip: Make a checklist and tick off each document as you gather it. Keep originals safe and make working copies for your reference.
Step 4: Complete the Required Divorce Forms
Now comes the paperwork. Don’t let the forms intimidate you—they’re designed to be completed by regular people, not just lawyers.
Essential Forms for Uncontested Divorce
The main forms you’ll need are:
- Form 8: Application (Divorce) – This is your main divorce application
- Form 36: Affidavit for Divorce – Your sworn statement about your marriage and separation
- Form 25A: Divorce Order – The form the judge signs to grant your divorce
Where to Get the Forms
All forms are available free from the Ontario government’s website. Always download the most current versions, as forms are occasionally updated.
Tip: Fill out forms on your computer if possible. It’s neater and you can save your progress.
Step 5: File Your Divorce Application
With your forms complete and documents gathered, it’s time to officially start the divorce process.
How to Submit Your Application
You have two options:
- In-person filing: Visit your courthouse during business hours
- E-filing: Many Ontario courts now accept online submissions
E-filing is often more convenient and allows you to submit documents from home. Check if your local court offers this service.
What Happens After Filing
Once filed, the court will:
- Review your documents for completeness
- Assign a court file number
- Start processing your application
Keep your file number safe—you’ll need it for all future correspondence.
Step 6: Serve the Divorce Papers to Your Spouse
This step has specific legal requirements. You must properly notify your spouse about the divorce proceedings.
Legal Ways to Serve Papers
You cannot hand the papers to your spouse yourself. Instead:
- Hire a professional process server
- Ask a friend or family member over 18 to do it
- Use registered mail (in some circumstances)
The person serving the papers must complete an Affidavit of Service to prove your spouse received them.
If Your Spouse Won’t Accept the Papers
Don’t panic. The court has solutions:
- Service by registered mail
- Service at their workplace
- In extreme cases, service through social media or newspaper ads
Document all attempts at service—the court will work with you to ensure the process moves forward.
Step 7: Navigate the Waiting Period
After serving papers, there’s a mandatory waiting period. This isn’t wasted time—the court uses it to process your application.
What to Expect During This Time
For uncontested divorces, this period is mostly hands-off. The court will:
- Review all submitted documents
- Ensure all legal requirements are met
- Process the divorce order
Timeline note: Processing typically takes 4-6 months, but this can vary based on court workload and time of year.
Staying on Track
To avoid delays:
- Respond promptly to any court requests
- Keep copies of all correspondence
- Don’t submit new documents unless asked
Step 8: Receive Your Final Divorce Order
The final step is receiving your divorce order—the official document ending your marriage.
What the Divorce Order Means
Once the judge signs your divorce order:
- Your marriage is legally ended
- You can remarry if you choose
- All agreements about property and support become binding
Important Final Steps
- Keep your divorce order safe (you’ll need it for remarriage or legal matters)
- Update your personal documents (driver’s license, passport, banking)
- Review beneficiaries on insurance and retirement accounts
Step 5: File Your Divorce Application
With your forms complete and documents gathered, it’s time to officially start the divorce process.
How to Submit Your Application
You have two options:
- In-person filing: Visit your courthouse during business hours
- E-filing: Many Ontario courts now accept online submissions
E-filing is often more convenient and allows you to submit documents from home. Check if your local court offers this service.
What Happens After Filing
Once filed, the court will:
- Review your documents for completeness
- Assign a court file number
- Start processing your application
Keep your file number safe—you’ll need it for all future correspondence.
Step 6: Serve the Divorce Papers to Your Spouse
This step has specific legal requirements. You must properly notify your spouse about the divorce proceedings.
Legal Ways to Serve Papers
You cannot hand the papers to your spouse yourself. Instead:
- Hire a professional process server
- Ask a friend or family member over 18 to do it
- Use registered mail (in some circumstances)
The person serving the papers must complete an Affidavit of Service to prove your spouse received them.
If Your Spouse Won’t Accept the Papers
Don’t panic. The court has solutions:
- Service by registered mail
- Service at their workplace
- In extreme cases, service through social media or newspaper ads
Document all attempts at service—the court will work with you to ensure the process moves forward.
Step 7: Navigate the Waiting Period
After serving papers, there’s a mandatory waiting period. This isn’t wasted time—the court uses it to process your application.
What to Expect During This Time
For uncontested divorces, this period is mostly hands-off. The court will:
- Review all submitted documents
- Ensure all legal requirements are met
- Process the divorce order
Timeline note: Processing typically takes 4-6 months, but this can vary based on court workload and time of year.
Staying on Track
To avoid delays:
- Respond promptly to any court requests
- Keep copies of all correspondence
- Don’t submit new documents unless asked
Step 8: Receive Your Final Divorce Order
The final step is receiving your divorce order—the official document ending your marriage.
What the Divorce Order Means
Once the judge signs your divorce order:
- Your marriage is legally ended
- You can remarry if you choose
- All agreements about property and support become binding
Important Final Steps
- Keep your divorce order safe (you’ll need it for remarriage or legal matters)
- Update your personal documents (driver’s license, passport, banking)
- Review beneficiaries on insurance and retirement accounts
An uncontested divorce is the quickest way to get divorced in Ontario.
For a faster divorce, it’s best if both parties agree on all terms, such as child support and property division, and submit accurate, complete paperwork. Although the process is streamlined, court processing times can still take a few months.
Yes, a divorce application can be denied if it is incomplete or doesn’t meet legal requirements.
Your divorce application can be denied for several reasons, including not meeting the residency requirements, incorrectly filling out forms, or failing to provide necessary documentation. Additionally, if the court finds that your arrangements for children are not in their best interests, it could reject the application.
After filing, you need to serve your spouse and wait for the court to process the application.
Once you’ve filed the divorce application, you must serve a copy to your spouse. They have 30 days to respond. If they do not contest the divorce, the process moves forward, and you’ll receive a divorce order after the mandatory waiting period.
The cost to file for a divorce in Ontario is $669, payable in two parts.
You’ll need to pay $224 when submitting your initial divorce application and an additional $445 before your divorce is finalized. These fees cover the court processing costs. If financial constraints are an issue, you may be eligible for a fee waiver by submitting a request form.
Yes, in most cases, you need to be separated for at least one year.
To file for a divorce in Ontario, you generally need to be separated from your spouse for at least one year. The only exceptions to this rule are cases of adultery or cruelty, which can allow for immediate divorce applications without the one-year separation requirement.
An uncontested divorce means both parties agree on all major issues.
In an uncontested divorce, you and your spouse agree on matters such as child custody, support, and property division. This makes the process much simpler and avoids lengthy court proceedings. You’ll only need to file the appropriate paperwork, making it a faster and less expensive option.
In Ontario, a simple, uncontested divorce can take 4 to 6 months.
The timeline depends on how quickly your paperwork is processed. For an uncontested divorce, it typically takes around 4 to 6 months from the date you file to receive your divorce order. This assumes that all documentation is accurate and there are no disputes. Contested divorces can take much longer, sometimes years.
You can apply for a divorce by yourself by completing and filing the necessary forms.
If your divorce is uncontested, applying by yourself can save you time and money. You will need to gather your marriage certificate, fill out Form 8 (Application for Divorce), and submit these along with other necessary documents to the Ontario Superior Court of Justice. You also need to serve these papers to your spouse. If your spouse doesn’t contest, the process is straightforward.
Sarah Bates
Sarah Bates is a Certified Divorce Specialist (CDS), Family Law Clerk, and Intern Family Mediator dedicated to supporting individuals and families through the complexities of separation and divorce. As the owner of SDB Divorce Specialist and an Associate at Divorce the SmartWay, Sarah brings a wealth of experience and a compassionate, client-centered approach to her work.
Credentials
- Certified Divorce Specialist (CDS): Completed specialized training in divorce communication, legal, financial, and emotional issues.
- Family Law Clerk: Experienced in the legal processes and documentation required for family law matters.
- Intern Family Mediator: Actively developing mediation skills to help families resolve disputes amicably and efficiently.
Professional Approach
- Sarah’s mission is to empower clients to achieve their goals while minimizing the emotional and financial impact of divorce.
Her services include:
- Divorce Strategy & Coaching: Helping clients set realistic goals, manage emotions, and treat divorce as a business transaction to achieve the best possible outcome.
- Legal and Practical Guidance: Drawing on her Family Law Clerk background to assist with legal documentation and procedural requirements.
- Mediation Support: As an intern mediator, Sarah facilitates constructive dialogue between parties, aiming for amicable resolutions that prioritize family well-being.
- Resource Navigation: Connecting clients with trusted professionals, including family lawyers, therapists, and financial advisors, to ensure comprehensive support throughout the divorce process.
Client Benefits
- Personalized Support: One-on-one coaching tailored to each client’s unique situation.
- Holistic Guidance: Addressing legal, financial, and emotional aspects of divorce.
- Cost-Effective Solutions: Strategies to reduce the financial burden and stress of separation.
- Empowerment: Tools and knowledge to make informed decisions and move forward confidently.
Commitment
Sarah Bates is recognized for her dedication, professionalism, and empathy. She is committed to helping clients navigate the challenges of divorce with clarity, dignity, and hope for a better future.
