How to Get an Uncontested Divorce

An Overview of Do-It-Yourself Divorce in Ontario

An uncontested divorce is a court proceeding where the parties are mutually seeking a divorce, and have already resolved all related issues, such as child support, spousal support, division of property, parenting time and decision-making responsibility. The uncontested divorce represents a simplified divorce procedure, in that court appearances are generally not required.

What Happens in an Uncontested Divorce?

The first step in obtaining an uncontested divorce is to complete a Form 8A: Application. Once signed, you must submit the application to the court to be issued. There will be a court filing fee paid to the court at the time of submission.

After issuance, the issued application will need to be served on your former spouse. There are special rules on how an application must be served. After the application has been served, you will need to file the application, along with proof of service (Affidavit of Service and, if applicable, the Acknowledgement of Service) with the court. 

If your spouse agrees with the divorce and has no claims to make, they do not have to take any further steps. If your spouse wants to make claims in the matter (i.e., if there are unresolved issues) then they have 30 days after being served with your application to serve and file an Answer. 

If no Answer is filed once the 30 days have passed, you will then file a Form 36: Affidavit for Divorce with an accompanying draft Divorce Order to set down the divorce. There will be a court filing fee paid to the court at the time of filing these documents. 

You will then wait for the judge to receive your divorce and application materials. If the judge approves of the divorce, they will issue a Divorce Order. Your divorce will then come into effect 31 days after the Order was issued. The final step is to obtain a Certificate of Divorce which is proof the divorce is effective. You will file a draft Certificate of Divorce and pay a court filing fee for the court to issue your Certificate of Divorce. 

Please note that one of the parties must be living in Ontario for at least one year prior to the commencement of the divorce application. 

In Agreement? Get a Faster, Simpler Divorce!

Feldstein Family Law Group P.C. offers document drafting, coaching and advisement services as well as comprehensive divorce counsel for clients across Ontario.

Feldstein Family Law Group P.C. offers document drafting, coaching, and advisement services, as well as comprehensive divorce counsel, for clients across Ontario. Call (905) 581-7222 to learn more.