Ending a marriage can be an emotional and complex experience, but for some couples, an uncontested divorce offers a smoother and more efficient path forward. If both parties agree on key issues such as parenting time, property division, and support, this process can help minimize conflict and reduce time spent in court. This guide will walk you through each step to help you understand how to file for an uncontested divorce in Ontario, including how a Markham divorce lawyer can assist.
Ready to take the next step? Contact Feldstein Family Law Group P.C. through our online contact form or call (905) 581-7222 to speak with our team.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree to end the marriage and have already settled all major issues, including parenting time, property division, and support. Because there are no disputes for the court to resolve, the process is typically faster, simpler, and less costly than a contested divorce.
To qualify for an uncontested divorce in Ontario, you must meet the following conditions:
- At least one spouse has lived in Ontario for at least 12 months before applying.
- There has been a breakdown of the marriage (usually established by one year of separation).
- Both spouses agree on all matters related to the separation.
If disagreements arise about any of these issues, the case may need to proceed as a contested divorce instead.
Step 1: Confirm Eligibility
Before starting the process, confirm that your situation meets Ontario’s requirements for divorce. You can file for divorce in Ontario if your marriage is legally recognized in Canada or abroad, and at least one spouse has lived in the province for a year before applying.
The primary ground for divorce is the breakdown of the marriage, which can be demonstrated through:
- Living separately for at least one year
- Adultery
- Cruelty
Most uncontested divorces proceed based on a one-year separation, as it is the simplest and least adversarial ground.
Step 2: Gather Necessary Documents
You will need several documents to complete your application for divorce. Having these ready can help prevent delays and confusion during the filing process.
Commonly required documents include:
- The original or certified copy of your marriage certificate
- A separation agreement outlining the terms of your settlement
- Financial statements, if support or property division applies
- Forms from the Ontario Court (such as Form 8A – Application for Divorce)
If your marriage certificate is from another country, you may need to provide a certified translation.
Step 3: Complete the Divorce Application
In Ontario, an uncontested divorce is typically filed as a Simple Divorce. This type of application is used when one spouse (the applicant) is asking for a divorce only, without other claims such as support or property division. The other spouse (the respondent) does not oppose the application.
To complete your application:
- Fill out Form 8A (Application for Divorce).
- Attach your marriage certificate.
- Provide your Affidavit for Divorce (Form 36).
- Submit your documents to the Superior Court of Justice in your area.
A Markham divorce lawyer can review your paperwork to ensure accuracy and completeness before submission, helping to avoid unnecessary delays.
Step 4: Serve Your Spouse
Even in an uncontested divorce, you are required to serve your spouse with the divorce documents after filing formally. This means someone other than you (over 18 years old) must deliver the documents to your spouse personally or by mail.
After serving the documents, that person must complete an Affidavit of Service (Form 6B) to confirm that your spouse received the papers. This affidavit is then filed with the court.
If your spouse does not respond within 30 days (60 if living outside Canada or the U.S.), the divorce can move forward as uncontested.
Step 5: File the Final Documents
Once the waiting period has passed, you can file your Affidavit for Divorce (Form 36), along with your Draft Divorce Order (Form 25A) and a Clerk’s Certificate (Form 36A) if applicable.
The court will review your file, and if everything is in order, a judge will issue a divorce order without requiring a court appearance.
After the order is signed, it takes 31 days for the divorce to become final, at which point you can request a Certificate of Divorce (Form 36B) as official proof.
Benefits of an Uncontested Divorce
While every divorce is unique, many couples in Markham choose an uncontested process for its simplicity and cost-effectiveness. Here are some key advantages:
- Reduced legal costs compared to contested proceedings
- Faster resolution with less time in court
- Greater privacy and less emotional strain
- More control over the outcome of key decisions
By keeping communication open and focusing on cooperation, couples can move forward with less conflict and uncertainty.
When to Consult a Markham Divorce Lawyer
Even though an uncontested divorce is designed to be straightforward, there are still legal requirements and deadlines that must be met accurately. A Markham divorce lawyer can help ensure your rights and interests are protected throughout the process.
Professional guidance can also help with:
- Drafting or reviewing your separation agreement
- Clarifying your legal obligations
- Ensuring that all documents are properly filed and served
Consulting with Feldstein Family Law Group P.C. before filing can help prevent mistakes that could delay your divorce or require additional court appearances.
Contact a Markham Divorce Lawyer About Uncontested Divorce
If you are considering an uncontested divorce and want to ensure the process goes smoothly, Feldstein Family Law Group P.C. is here to guide you through every step. Our team provides clear advice and supportive guidance to help you navigate your legal responsibilities confidently.
Reach out through our online contact form or call (905) 581-7222 to schedule a consultation and learn how Feldstein Family Law Group P.C. can assist with your uncontested divorce in Markham.